IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 21571 of 2005(R) ----------------------------------- PETITIONER(S): ----------------------- K.V.UMMER, JUNIOR SUPERINTENDENT, PERFORMANCE AUDIT UNIT II, ERNAKULAM (RETD ON 31/1/2003), KIZHAKKEKUNNINKAL, MADATHIPARAMBU, POOTHOTTA P.O., PIN-682 307, ERNAKULAM. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): ------------------------ 1. THE ACCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF LOCAL FUND AUDIT, THIRUVANANTHAPURAM-695 033. 3. THE DEPUTY DIRECTOR OF PANCHAYATS, ERNAKULAM. BY GOVERNMENT PLEADER SRI. MUHAMMED ANZAR, THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 21571 of 2005(R) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF LETTER DATED 30.3.2005 FROM THE DY. DIRECTOR OF PANCHAYAT TO ACCOUNTANT GENERAL OF KERALA. EXT.P2 - TRUE COPY OF GRATUITY PAYMENT ORDER DATED 2.5.2005. EXT.P3 - TRUE COPY OF LETTER OF ACCOUNTS OFFICER DATED 4.5.2005. EXT.P4 - TRUE COPY OF G.O.L(P) NO. 185/2002/FIN.DATED 27.3.2002. // TRUE COPY // PA TO JUDGE rhs KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.21571 of 2005 ---------------------------------------------- Dated 18th December, 2008. J U D G M E N T Petitioner approached this court aggrieved by the delay in getting the pensionary benefits. According to the third respondent, since the liability of the petitioner exceeds the DCRG, the benefits cannot be given. But it is the case of the petitioner that Ext.P1 liability certificate is issued without any notice to him. The petitioner retired from service on 31.1.2003. It is now settled law that unless there is due fixation of liability with notice to the incumbent concerned within a period of three years, there cannot be any recovery of liability from the DCRG. The petitioner may file an appropriate representation before the third respondent. In case it is found that the fixation of liability is without notice to the petitioner, such fixation shall be ignored and the petitioner shall be disbursed his pensionary benefits. The needful shall be done within three months from the date of production of a copy of the judgment along with a copy of the writ petition and an appropriate representation, before the third respondent. It is made clear that such disbursement will be without prejudice to WP NO.21571/05 2 the liberty to the State to take recourse to the permissible mode of recovery of liability. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.21571 of 2005 ---------------------------------------------- J U D G M E N T Dated 18th December, 2008.