IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 5986 of 2009(P) --------------------------------------- PETITIONER(S): ------------------------- E.SASIDHARAN, (RETIRED STORE VERIFICATION OFFICER, OFFICE OF THE DISTRICT MEDICAL OFFICER OF HEALTH, KANNUR), RESIDING AT 'KARTHIKA', MELUR P.O., KOYILANDY, KOZHIKODE DISTRICT, PIN: 673 319. BY ADVS. MR.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, MR.K.A.BALAN, MRI.PETER JOSE CHRISTO, MR.S.A.ANAND. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN: 695 001. 2. THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM, PIN: 695 035. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, KANNUR, PIN: 670 001. 4. THE DISTRICT MEDICAL OFFICER OF HEALTH, KOZHIKODE, PIN: 673 008. 5. THE SUPERINTENDENT, MEDICAL COLLEGE HOSPITAL,KOZHIKODE, PIN: 673 008. 6. THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM, PIN : 695 039. 7. THE SUB TREASURY OFFICER, SUB TREASURY, KOYILANDY, KOZHIKODE DISTRICT, PIN: 673 305. BY GOVERNMENT PLEADER MR. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5986/2009 P APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE GRATUITY PAYMENT ORDER NO.P-01/PEN.A/CC/05-06 REV.NO.P-01/REVN/282/CC-06-07/PRO4 DTD. 8/06/2007. P2: COPY OF THE ORDER NO.A1/2628/05 DTD. 29/11/2005 OF THE 3RD RESPONDENT. P3: COPY OF THE RELIEVING ORDER DTD. 30/11/2005. P4: COPY OF THE BY LETTER NO.A4-2226/05 DTD. 21/02/2006 OF THE 5TH RESPONDENT. P5: COPY OF THE LETTER NO.B7.FBS/06-07 DTD. 3/04/2007 OF THE 3RD RESPONDENT REQUESTED THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.5986 of 2009-P ------------------------------ Dated this the 22nd day of June, 2009. J U D G M E N T Heard Sri.S.P.Aravindakshan Pillay, the learned counsel appearing for the petitioner and Sri.Antony Mukkath, the learned Government Pleader appearing for the respondents. 2. The petitioner is a pensioner. He retired from service on 30.11.2005 while he was working as Store Verification Officer, in the office of the District Medical Officer of Health, Kannur. The grievance voiced by the petitioner in this writ petition is that though terminal benefits have been sanctioned to him, D.C.R.G and amounts due under the Family Benefit Scheme have not so far been disbursed. The pleadings disclose that the audit party has raised an objection regarding time expired/ substandard medicines during the period from 1.1.2004 to 31.12.2004 and that the liability certificate/non liability certificate will be issued only after a decision is taken on the audit objection. 3. The respondents have no case that the petitioner was the person responsible for placing the order for purchase of medicines. The petitioner was only the Store Verification Officer. The purchases were made by the Superintendent of the Hospital. Therefore even if there is any objection with regard to time expired/substandard medicines, the W.P(C) No.5986 of 2009-P 2 petitioner cannot be held liable for the loss if any caused to the Government. Since the respondent have no case that the petitioner was responsible for the purchase of time expired/substandard medicines, I am of the considered opinion that the audit objection should not relied on to deny payment of DCRG and the amounts due under the Family Benefit Scheme. I accordingly dispose of this writ petition with a direction to the competent authority among the respondents to disburse to the petitioner the DCRG sanctioned to him together with the amounts due under the Family Benefit Scheme. Payment as directed shall be made within two months from the date on which the petitioner produces a certified copy of the judgment before the Director of Health Services. Though the learned counsel appearing for the petitioner prays for award of interest, in my opinion, since payment was withheld due to an audit objection it cannot be said that there was culpable delay in disbursing the terminal benefits. The prayer for award of interest for delayed payment of DCRG is accordingly declined. However it is clarified that if DCRG is not disbursed to the petitioner within two months from today, the said amount will carry interest at the rate of 7.5.% per annum from this date onwards. ab P.N.RAVINDRAN, JUDGE