IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 WP(C).No. 20917 of 2006(M) -------------------------- PETITIONER ------------------ SRI.K.C. RAVINDRANATHAN, RETD.HEAD MASTER, COVILAKOM, GANGOTHRI, KADANNAMANNA P.O., (VIA) MANKAD, MALAPPURAM. BY ADVS. SRI.P.SANKARANKUTTY NAIR SRI.T.V.AJAYAKUMAR SRI.K.SANDESH RAJA RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION MALAPPURAM. 3. THE ACCOUNTANT GENERAL THIRUVANANTHAPURAM. R1, R2 BY GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20917 of 2006(M) ---------------------------------------- APPENDIX ---------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF THE GRATUITY PAYMENT ORDER DATED 27.4.2005. ET.P2. COPY OF LETTER DT. 1.2.2006. EXT.P3. COPY OF THE LETTER NO.E2/20516/04 DATED 27.2.2006. EXT.P4. COPY OF THE ORDER NO.G.O. (P)/600/93/FIN. DATED 25.9.1993 EXT.P5. COPY OF THE CERTIFICATE NO.DG/2201/90 DT. 26.6.90 EXT.P6. COPY OF THE ORDER IN WPC NO.27800/2005 DT. 28.92005 RESPONDENT'S EXHIBITS : NIL ------------------------------------- / TRUE COPY / P.A. TO JUDGE VK T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 20917 of 2006-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of October, 2011. JUDGMENT In this writ petition, the petitioner seeks for a direction to release the withheld portion of DCRG. 2. The petitioner retired from service after availing voluntary retirement as Headmaster on 30.9.2994. An amount of Rs.1,78,684/- was sanctioned as DCRG as per Ext.P1 order dated 27.4.2005. Even though various representations were filed, the amount was not released. Ultimately, by Ext.P3 copy of the letter was furnished to the petitioner, which is addressed to the second respondent Sub Treasury Officer, Perinthalmanna, forwarding the liability certificate, but the certificate was not enclosed therein for service to the petitioner. The petitioner, on enquiry, came to know that the alleged liability shown is the excess H.R.A. drawn. It is the contention of the petitioner that Ext.P4 circular was relied upon to grant the H.R.A. duly. 3. Going by the averments in the counter affidavit, it can be seen that various items were shown as liability against the petitioner as contained in the audit report and the liability certificate submitted by the Headmaster. wpc 20917/2006 2 Accordingly, a liability certificate was issued on 27.2.2006 without waiting for clearing all the audit objections. Later, certain other items were cleared in favour of the petitioner and even though initially an amount of Rs.35,007/- was shown as liability, it came down to Rs.18,374/- which is now withheld. Out of this, Rs.16,160/- is the excess amount of H.R.A. drawn by the petitioner. 4. Learned counsel for the petitioner submitted that the H.R.A. was drawn by the petitioner while in service and there are no proceedings cancelling the same. Therefore, it is submitted that merely because an audit objection was there, the amount cannot be withheld. 5. A reading of paragraphs 7 and 8 of the counter affidavit will only show that the amount is withheld because of the audit objection and the same has been included in the liability certificate. Going by the relevant rules of Part III K.S.R. there should be proceedings as contemplated under Note 3 to Rule 3 with notice to the petitioner. That is absent here. 6. Apart from that, the H.R.A. sanctioned by the competent authority has not been cancelled by any of such authorities, with notice to the petitioner. No proceedings for recovery of the same were there during the continuance of her service also. There is also no plea that the petitioner played any fraud or claimed the amount by way of misrepresentation. In wpc 20917/2006 3 that view of the matter, the withholding of the amount of Rs.18,374/- cannot be accepted. Therefore, the writ petition is allowed. There will be a direction to release the withheld amount of DCRG to the petitioner along with 6% interest from 27.2.2006 till disbursement. The amount as above, will be disbursed within a period of three months from the date of receipt of a copy of this judgment. No costs. (T.R. Ramachandran Nair, Judge.) kav/