IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 12TH MARCH 2008 / 22ND PHALGUNA 1929 WP(C).No. 4319 of 2008(L) ------------------------- PETITIONER: ------------ P.G.REMAVATHY, (RETD. SUB REGISTRAR, BHARANIKKAVU), PANACHAVILAYIL, VETTICKODE P.O., (VIA) KAYAMKULAM, PIN-690 503. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. INSPECTOR GENERAL OF REGISTRATION, THIRUVANANTHAPURAM, PIN-695 035. 3. DISTRICT REGISTRAR (GENERAL), ALAPPUZHA, PIN-688 010. 4. ACCOUNTANT GENERAL (AUDIT), KERALA, THIRUVANANTHAPURAM, PIN-695 039. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).4319/2008 -------------------- Dated this the 12th day of March, 2008 JUDGMENT Statement has been filed by the Government pursuant to the order dated 18.2.2008. I heard learned counsel for the petitioner Mr.S.P.Aravindakshan Pillay and the learned Government Pleader Mr. Bejoy Chandran. On consent of parties writ petition has been taken up for consideration and is disposed of after hearing both sides. 2. Petitioner retired as Sub Registrar on 30.6.2004. Liability Certificate was issued by the District Registrar under Ext.P1 and forwarded to the Sub Treasury, Mavelikkara, noting an amount of Rs.80,307/- as liability. But it is obvious from Ext.P1 that this was not a case where liability was finally fixed with notice to the petitioner. The remarks which form part of the liability certificate shows that final orders were awaited in relation to almost the entire liability certificate except in relation to a minor amount of Rs.200/- shown as liability from the Shornur Sub Registrar. Withholding Rs.80,307/-. W.P.(C).4319/2008 2 Remaining portion of DCRG was released to the petitioner. Subsequently, the withheld amount was reduced to 74,602/- and the balance amount was also released to the petitioner. Ext.P6 application was submitted by the petitioner before the Inspector General of Registration on 13.12.2007 pointing out that final orders on the liability have not been passed as yet and that an amount of Rs.74,602/- is being withheld from DCRG of the petitioner. Ext.P7 communication was received by the petitioner pointing out that revised liability certificate is being issued and necessary instructions have been given in that regard to the District Registrar, Alappuzha. Even Ext.P7(a) liability certificate shows that the final orders are yet to be passed in respect of the items of the liability shown therein, except items 1 and 2. The amount covered by items 1 and 2 would come to 4,375/-. It is clear from Ext.P7(a) that even as on 19.11.2007, ie, well beyond the period of three years from the date of period of retirement, final liability has not been fixed in spite of items 3 to 7 noted in Ext.P7(a). W.P.(C).4319/2008 3 3. As per Rule 3 of Part-III of K.S. & S.S.R, liability, if any of the Government servant, will have to be fixed within the maximum period of three years from the date of period of retirement. This has not been done in the present case. 4. It seems to be evident from the statement filed on behalf of the respondents 2 and 3, though it is sought to be contended otherwise. Paragraph 3 of the statement reads as follows:- “It is submitted that, the liability of the petitioner was ascertained well within the span of three years of her retirement and DCRG amount after withholding the liability was released to the petitioner. An amount of Rs.68,726/- was included as her liability based of the noting of the Accountant General vide LAR. 2004-05 Part-II A I (b) of the Sub Registrar Office, Bharanikavu, for which the Accountant General has not given the final order.” W.P.(C).4319/2008 4 5. In the circumstances, if the liability as regards the item 3 to 7 in Ext.P7(a) has not been finally fixed within three years from the date of retirement, such amount cannot be withheld from the DCRG due to the petitioner. 6. In the result, writ petition is disposed of directing the second respondent to take steps to see that the balance amount due to the petitioner by way of DCRG, except the amount shown against items 1 and 2 in Ext.P7 (a), is disbursed to the petitioner within a period of one month from the date of receipt of a copy of this judgment. Necessary authorization therefore, shall be issued to the concerned Sub Treasury within the said period. It is made clear that the amount shown against the item 3 to 7 in Ext.P7(a) shall not be deducted from the amount due to the petitioner by way of DCRG and the amount which has been disbursed to the petitioner subsequent to the issuance of Ext.P7(a) should be credited. At the same time, it is made clear that this direction shall not stand in the way of the Government W.P.(C).4319/2008 5 initiating appropriate steps, in accordance with law, for recovery of any loss that may have been caused to the Government by the petitioner. Petitioner’s claim for interest on the belated payment of DCRG is left open to be agitated before the Civil Court. V.GIRI, Judge mrcs