IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 26988 of 2005(K) -------------------------- PETITIONER: ------------ A.MOHAMMED YOOSUF, ASST.ENGINEER, (RETD.), SHEBY MANZIL, VETTUVENI, HARIPPAD, ALAPPUZHA DISTRICT. BY ADV. SRI.SUMAN CHAKRAVARTHY SRI.G.HARIKRISHNAN RESPONDENTS: ---------------------- 1. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE KERALA STATE ELECTRICITY BOARD, REP. BY ITS SECRETARY, VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER (HRM), K.S.E.BOARD, VAIDYUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 4. THE DEPUTY CHIEF ENGINEER, ELECTRIC CIRCLE, K.S.E.BOARD, KASARGOD. 5. THE DEPUTY CHIEF ENGINEER, TRANSMISSION CIRCLE, KANNUR. ADV. SRI.JOSE J.MATHEIKEL, SC, KSEB FOR R2 TO R5 SRI. ASOK M.CHERIYAN, SC, KSEB FOR R2 TO R5 BY GOVERNMENT PLEADER SRI.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.26988/2005 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE MEMO OF CHARGES NO.GB1/DA 2000-2001 UPPALA/3777 DT. 4.11.2000. EXT.P2:- COPY OF THE PROCEEDINGS NO.GP1/DA 2000-2001/UPPALA/3985 DT. 7.2.2001. EXT.P3:- COPY OF THE FINAL ORDER NO.GB1/DA/2000-2001/UPL/342 DT. 23.1.2004 ISSUED BY THE 4TH RESPONDENT. EXT.P4:- COPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT NO.EBVS/5/35/2000 DT. 10.8.2004. EXT.P5:- COPY OF THE CORRESPONDENCE DT. 15.4.05. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.26988 OF 2005 --------------------------------------- Dated this the 8th day of August, 2008. J U D G M E N T Petitioner approached this Court with certain grievance regarding disbursement of pensionary benefits. It is now settled law that in case no liability has been fixed within a period of three years from the date of retirement, there can be no recovery from the gratuity in respect of any alleged liability. Petitioner retired from service on 28.02.2001. 2. Therefore, this writ petition is disposed of making it clear that in case no liability has been fixed against the petitioner on or before 27.02.2004, there shall be no recovery from the pensionary benefits due to the petitioner. The eligible benefits due to the petitioner shall be disbursed within a period of three months from the date of production of a copy of this judgment. The question of interest is left open. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 26988 OF 2005 J U D G M E N T 08.08.2008