IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 WP(C).No. 16299 of 2009(F) -------------------------- PETITIONER: --------------- K.GOPALAN,S/O.KANNAN AGED 56 YEARS, PENSIONER KIZHAKKAYIL HOUSE, POST PARAKKADAVU - 673509 BY ADV. SRI.B.KRISHNAN SRI.R.PARTHASARATHY RESPONDENTS: --------------- 1. THE DISTRICT REGISTRAR (GENERAL) KOZHIKODE. 2. STATE OF KERALA WITH ADDRESS FOR SERVICE SECRETARY (REGISTRATION DEPARTMENT) THIRUVANANTHAPURAM 3. ACCOUNTANT GENERAL OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. ANTONY MUKKATH FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 16299/09 APPENDIX PETITIONER'S EXHIBITS: EXT. P1. TRUE COPY OF THE GRATUITY PAYMENT ORDER DATED 21.4.2008 DIRECTING PAYMENT OF RS.2,50,635/- THE SANCTIONED AMOUNT OF GRATUITY TO THE WRIT PETITIONER. EXT.P2. TRUE COPY OF THE GRATUITY PAYMENT ORDER DATED 14..7.2008 DIRECTING PAYMENT OF RS.11,393/- THE SANCTIONED AMOUNT OF GRATUITY ALSO TO THE WRIT PETITIONER. EXT.P3. TRUE COPY OF THE REPRESENTATION TO THE 1ST RESPONDENT FOR IMMEDIATE PAYMENT OF THE DCRG OF RSS.2,62,028/- DUE TO HIM. EXT.P4. TRUE COPY OF THE G.O.(P) NO.185/2002/Fin. DATED 27TH MARCH 2002 DIRECTING SUCH DISBURSEMENTS AT PAINS OF PAYMENT OF INTEREST BY THE GOVERNMENT. PA TO JUDGE TRUE COPY V.GIRI, J. --------------------------- W.P.(C) No. 16299 OF 2009 -------------------------- Dated this the 8th day of September, 2009 J U D G M E N T Petitioner retired from service as UD Clerk in the Registration Department on 30.4.2008. Exts.P1 and P2 shows that DCRG has been sanctioned in favour of the petitioner and an amount of Rs.2,62,028/- is due to the petitioner. But the amount has not been disbursed and hence this writ petition. 2. A counter affidavit has been filed on behalf of the first respondent. It is contended that the petitioner has served in several offices. He was Sub-Registrar in charge in the Thuneri office on 5.1.2008 and 7.2.2008. The internal audit at Sub Registrar Office, Vadakara and Thuneri offices is scheduled to be held in the month of August 2009 and hence the delay in issuing NLC/LC in relation to the petitioner. 3. I have heard the learned counsel appearing on both sides. Taking note of the fact that the petitioner was only the in charge as Sub-Registrar for a very short period, I do not find any reason why the completion of the internal audit of the Sub Registrar Office, W.P.(C) No. 16299/09 2 Vadakara and Thuneri should stand in the way of the liability, if any, in relation to the petitioner being finalised. The writ petition is disposed of with a direction that the first respondent shall ensure that NLC/LC in relation to the petitioner is issued within two months from the date of receipt of a copy of this judgment. DCRG due to the petitioner shall thereafter be disbursed to the petitioner without delay. V.GIRI, JUDGE vps W.P.(C) No. 16299/09 3