IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 5TH AUGUST 2010 / 14TH SRAVANA 1932 WP(C).No. 36175 of 2008(F) -------------------------------------- PETITIONER: ------------------- ANNAKUTTY AUGUSTINE, W/O.LATE AUGUSTINE THOMAS, AGED 58 YEARS, KOONAMMACKAL HOUSE, NO.33/545 A, A.R.CAMP ROAD, MARIKUNNU.P.O, CALICUT-673 012. BY ADV. SRI.MILLU DANDAPANI. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, MEDICAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, VIGILANCE & ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. 4. THE SUPERINTENDENT, MEDICAL COLLEGE HOSPITAL, KOZHIKODE. 5. THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. 6. THE STORE SUPERINTENDENT, DISTRICT MEDICAL STORE, THIRUVANANTHAPURAM. R1 TO R6 BY GOVERNMENT PLEADER SRI. T.T. MOHAMOOD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.36175/2008-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COMMUNICATION NO. P-12/PENA/1864/AZ/02-03/64, 65 DTD. 02/04/2003 ISSUED BY THE R.4. TO THE R.3. EXT.P.2: COPY OF THE PROCEEDINGS NO. AF1-75280/2002/DHS. DTD. 07/08/2008 ISSUED BY R.3. TO THE R.5 AND OTHERS. EXT.P.3: COPY OF THE ORDER, G.O.(RT).NO.375/04/VIG. DTD. 31/12/2004 ISSUED BY THE GOVERNMENT TO THE PETITIONER'S HUSBAND, AUGUSTINE THOMAS AND OTHERS. EXT.P.4: COPY OF THE REPRESENTATION SUBMITTED BY AUGUSTIN THOMAS, DTD. 07/10/2003 BEFORE THE R.3. EXT.P.5: COPY OF THE REPRESENTATION SUBMITTED BY AUGUSTIN THOMAS, DTD. 29/06/2004 BEFORE THE R.6. EXT.P.6: COPY OF THE COMMUNICATION OF THE R.6 DTD. 05/07/2004 ISSUED BY THE R.6 TO AUGUSTINE THOMAS, VIDE NO.G-136/2004/DHS. EXT.P.7: COPY OF THE COMMUNICATION OF THE R.6 DTD. 20/08/2004 ISSUED BY THE R.6 TO R.3. VIDE NO. G-111/03/DHS. EXT.P.8: COPY OF THE DEATH CERTIFICATE DTD. 24/10/2007 ISSUED FROM THE OFFICE OF CORPORATION OF KOZHIKODE, PERTAINS TO AUGUSTINE THOMAS. EXT.P.9: COPY OF THE PROCEEDINGS NO.AE1-75280/07/DHS. DTD. 27/03/2008 OF THE R.3. ISSUED TO THE PETITIONER. EXT.P.10: COPY OF THE LEGAL HEIR CERTIFICATE NO.K.DIS.22210200/7/K. 3 DTD. 16/08/2008 ISSUED FROM THE OFFICE OF TAHSILDAR, KOZHIKODE TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.36175 of 2008-F = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 5th day of August, 2010. Judgment 1.The petitioner is the widow of Augustine Thomas who retired from Government service on 30.11.2002 on superannuation. He worked as Store Superintendent in the District Medical Stores, Thiruvananthapuram. He died on 13.10.2007. 2.On 29.6.2004, the VACB registered a case under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and Section 120B IPC against the six persons, including Augustine Thomas. Former Director of Health Services, Former Additional Director of Health Services and former District Medical Officer of Health Services were among the six accused. 3.The counter affidavit tries to show that on conclusion of investigation, the matter was WPC36175/08 -: 2 :- pending with the Government for issuance of sanction for prosecution of the officers. The respondents have, quite rightly, conceded in the counter affidavit that no action in criminal jurisdiction could be had against Augustine Thomas since the proceedings against him in that regard stands abated on his death. 4.The aforesaid facts would disclose that if at all the Government could have taken any action for recovery of any amounts from the DCRG or other retiral benefits as amounts due to Government on account of liabilities, the same cannot be had at this point of time in view of the different provisions of Kerala Service Rules, in particular, Rule 116 of Part III thereof. It is the admitted case, going by the counter affidavit, that no action for recovery was initiated at any point of time, though the respondents have averred in the counter affidavit that Augustine Thomas was liable to make good the loss sustained by the Government. While the WPC36175/08 -: 3 :- Government would be at liberty to take appropriate action, if any available in accordance with law before the appropriate authorities or courts, the petitioner is entitled to be paid all withheld outstandings by way of pension, arrears of pension, balance DCRG etc. In the result, without prejudice to the Government's contention as against Augustine Thomas's estate for any loss, recoverable in accordance with law, this writ petition is allowed directing that all outstandings due to late Augustine Thomas by way of DCRG, Commuted Value of Pension, leave surrender, any life time arrears of pension etc. be released to the petitioner, with interest thereon in terms of the Rules and Government Decisions in that regard, provided her claim is otherwise in accordance with law. Let this be done within three months from the date of receipt of a copy of this judgment. THOTTATHIL B.RADHAKRISHNAN, Sha/1008 JUDGE.