IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 30TH JULY 2008 / 8TH SRAVANA 1930 WP(C).No. 1168 of 2006(L) --------------------------------------- PETITIONER: ------------------------- M. GEEVARGHESE, SPECIAL GRADE SECRETARY (RETD.) RESIDING AT BEDHANIA, KARTHIKAPALLY P.O., ALAPPUZHA-690 516. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SMT.SREELEKHA PUTHALATH SRI.A.R.DILEEP RESPONDENTS: ------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT IN THE DEPARTMENT OF LOCAL SELF GOVERMENT INSTITUTION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF PANCHAYATS, ALAPPUZHA. 4. DIRECTOR OF LOCAL FUND AUDIT, OFFICE OF THE DIRECTOR OF LOCAL FUND AUDIT, THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SRI. NANDAKUMAR R1 TO 4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.1168/2006 L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMMUNICATION NO.E2-7759/2001 DTD. 4/01/2002 BY THE DEPUTY DIRECTOR OF PANCHAYATS TO THE ACCOUNTANT GENERAL (A&E), ALONG WITH OFFICE PROCEEDINGS PROVISIONALLY SANCTIONING PENSIONARY CLAIMS OF THE PETITIONER. EXT.P2: COPY OF THE COMMUNICATION NO.P-01/PEN A/963/AA/ 01-02 DTD. 29/01/2002 ISSUED BY OFFICE OF THE ACCOUNTANT GENERAL. EXT.P3: COPY OF THE ORDERS NO.E2 7759/01 DTD. 23/04/2002 OF THE ASSISTANT DIRECTOR OF PANCHAYATS, ALAPPUZHA. EXT.P4: COPY OF THE COMMUNICATION NO.P-01/REVN/29/AA/02-03 DTD. 7/06/2002 ISSUED BY THE ACCOUNTANT GENERAL TO THE DISTRICT SUB TREASURY OFFICER. EXT.P5: COPY OF SURCHARGE NOTICE NO.LF 5474/SPL.CELL/SC1/2003 DTD. 18/03/2004. EXT.P6: COPY OF THE COMMUNICATION NO.LF 5474/SPL.CELL (SC1)/2003 DTD. 18/03/2004. EXT.P7: COPY OF THE LETTER DTD. 17/09/2004 SENT BY THE PETITIONER TO THE PANCHAYATH DEPUTY DIRECTOR, ALAPPUZHA. EXT.P8: COPY OF THE LETTER DTD. 20/12/2004. EXT.P9; COPY OF THE COMMUNICATION NO.E2-7759/01 DTD.18/01/2005 ISSUED BY THE DEPUTY DIRECTOR OF PANCHAYATHS TO THE PETITIONER. EXT.P10: COPY OF REPLY TO THE SHOW CAUSE NOTICE DTD. 24/2/2005. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ------------------------- W.P.(C).No.1168 of 2006 L ------------------------- Dated this the 30nd day of July, 2008. JUDGMENT The petitioner retired from service on 31.5.2001. His pension and Death cum Retirement Gratuity has been fixed as per Ext.P1. In spite of repeated requests, the same has not been disbursed. Hence the writ petition. 2. A counter affidavit has been filed by the 3rd respondent. It is clear from the writ petition as also counter affidavit that no liability was fixed against the petitioner within three years of his retirement. Ext.P9 shows that there was no preparation and submission of the account under the Kerala Local Fund Audit Act or under the Public Accountants Act. Ext.P9 is dated 18.1.2005. The petitioner filed Ext.P10 reply dated 24.2.2005. The issuance of Ext.P9 should not stand in the way of the Death Cum Retirement Gratuity being disbursed to the petitioner inasmuch as it is clear that no liability has been fixed within three years from the date of retirement of the petitioner. In the result, the writ petition is disposed of directing the 2nd respondent to see W.P.(C).NO.1168 of 2006 :: 2 :: that the Death Cum Retirement Gratuity due to the petitioner is disbursed within three months from the date of receipt of a copy of this judgment. If the Government feels that the petitioner has occasioned any loss, then it is open to them to take steps in accordance with law for recovery of such loss. This judgment will not stand in the way of such right being exercised by the government. Sd/- (V.GIRI) JUDGE sk/ //true copy//