IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 2ND DECEMBER 2009 / 11TH AGRAHAYANA 1931 WP(C).No. 32773 of 2008(B) -------------------------- PETITIONER(S): ------------------- V.A.MOHAMMED SALI, S/O.ASAMIYA LEBBA, AGED 57 YEARS, SKYLARK, THIRUVAMPADI HOUSING SCHEME, IRUMPUPALAM, P.O.ALAPPUZHA. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW RESPONDENT(S): ------------------- 1. STATE OF KERALA, REP. BY SECRETARY HOUSING, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA STATE HOUSING BOARD, REP. BY ITS SECRETARY, SHANTHI NAGAR, THIRUVANANTHAPURAM - 1. 3. SECRETARY, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. 4. THE EXECUTIVE ENGINEER, K.S.H.B., KOTTAYAM. ADV. POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB FOR R2 TO 4 GOVERNMENT PLEADER SRI.ANTONY MUKATH FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.32773/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE ORDER DT 31.5.06. EXT.P2: TRUE COPY OF THE ORDER DT 26.8.06. EXT.P3: TRUE COPY OF THE REPRESENTATION DT 31.8.2006. EXT.P4: TRUE COPY OF THE MEMO OF CHARGES DT 23.9.05. EXT.P5: TRUE COPY OF EXPLANATION DT 29.9.05. EXT.P6: TRUE COPY OF LETTER DTD. 5.6.2006(7) EXT.P7: TRUE COPY OF THE LETTER NO.12641/PR/2/06 DT 6.2.2007. EXT.P8: TRUE COPY OF THE DISCHARGE CARD DTD. 29.9.2008. EXTS. OF R2 EXT.R2(a): TRUE PHOTOCOPY OF LETTER DATED 12.9.2005. EXT.R2(b): TRUE PHOTOCOPY OF MEMO DTD 30.9.2005. EXT.R2(c): TRUE PHOTOCOPY OF LETTER DATED 10.2.2006. EXT.R2(d): TRUE PHOTOCOPY OF LETTER NO.3821/C1/2006/HSG DT 19.5.2007. EXT.R2(e): TRUE PHOTOCOPY OF LETTER NO.G2/1729/2007 DT 10.5.2007. EXT.R2(f): TRUE PHOTOCOPY OF ORDER NO.B1/156/06 DT 4.6.08. EXT.R2(g): TRUE PHOTOCOPY OF LETTER NO.C 14353/Ad3(a) 2005/VIG. DT 23.1.2008. EXT.R2(h): TRUE PHOTOCOPY OF LETTER NO.CW 143353/Ad 3(a)/2005/VIG. DT 20.2.2008. EXT.R2(i): TRUE PHOTOCOPY OF LETTER NO.CW 14353/Ad 3(a)/2005/vIG. DT 7.11.2008 //TRUE COPY// PA TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 32773 OF 2008 (B) ===================== Dated this the 2nd day of December, 2009 J U D G M E N T Petitioner retired from the Kerala State Housing Board as Assistant Secretary on 31/5/2006. As at present, his DCRG is not released and he is getting only provisional pension. It is with these grievances, the writ petition is filed. 2. In so far as the non payment of DCRG is concerned, two reasons are stated in the counter affidavit. One is about the pendency of a vigilance enquiry initiated in 2002 and the other is that the petitioner owes a liability of Rs.3,16,348/- to the Board. Admittedly, more than 3 years have expired since the retirement of the petitioner. If that be so, there cannot be any fixation of liability at this distance of time, as the time limit of three years prescribed in Note 2 to Rule 3 Part III KSR has already expired. Therefore, the pendency of the vigilance enquiry cannot stand in the way of the respondents settling the DCRG dues to the petitioner, but however, after effecting recovery of Rs.3,16,348/- indicated in the counter affidavit. Therefore, respondents are directed to release the balance DCRG, if any, due to the petitioner WPC 32773/08 :2 : on the production of a copy of this judgment. 3. In so far as pension is concerned, admittedly, there were two vigilance enquiries against the petitioner, out of which,one enquiry in relation to the alleged irregularities of the Palakkad Office is over and the petitioner seems to have been exonerated. What remains is the other enquiry in relation to his tenure at Alleppey, which was initiated in 2002. Having regard to the above, the petitioner will have to await the completion of the said enquiry for full pension. Writ petition is therefore disposed of directing that the DCRG due shall be released to the petitioner as directed above. ANTONY DOMINIC, JUDGE Rp