IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 WP(C).No. 8512 of 2009(H) -------------------------------------- PETITIONER(S): ------------------------ L.RADHAMONI AMMA, W/O. J.PRABHAKARAN PILLAI, AGED 58 YEARS, PROJECT OFFICER (RETD.), SOCIAL WELFARE DEPARTMENT, RESIDING AT BINDU NIVAS (CHITHRA), MUKHATHALA P.O., KOLLAM-691 577. BY ADV. SMT.REKHA VASUDEVAN RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF SOCIAL WELFARE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, SOCIAL WELFARE, VIKAS BHAVAN, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- -2- WP(C)NO.8512/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE MEMO NO.E5-44033/97 DATED 16/1/1998 ISSUED BY THE 2ND RESPONDENT. P2 COPY OF THE NOTICE NO.E5-44033/97 DATED 28/2/1999 ISSUED BY THE 2ND RESPONDENT. P3 COPY OF THE ORDER DATED 23/7/1999 IN OP(Q):712/1998 OF THE CONSUMER DISPUTES REDRESSAL FORUM, KOLLAM. P4 COPY OF THE .O.(RT)NO.354/2002/SWD DATED 2/12/2002 ISSUED BY THE 1ST RESPONDENT. P5 COPY OF THE REVIEW PETITION DATED 7/1/2003 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. P6 COPY OF THE G.O.(RT).NO.9/03/SWD DATED 4/1/2003 ISSUED BY THE 1ST RESPONDENT. P7 COPY OF THE NOTICE NO.2233/A1/03/SWD DATED 27/12/2003 ISSUED BY THE 1ST RESPONDENT. P8 COPY OF THE REPLY DATED 10/2/2004 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. P9 COPY OF THE G.O.(RT)NO.172/2005/SWD DATED 6/4/2005 ISSUED BY THE 1ST RESPONDENT. P10 COPY OF THE G.O.(RT).NO.591/2005/SWD DATED 28/11/2005 ISSUED BY THE 1ST RESPONDENT. P11 COPY OF THE LETTER NO.E2/6573/05 DATED12/9/2006 WRITTEN BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT. P12 COPY OF THE LETTER NO.15768/A1/2005/SWD DATED 28/3/2007 ISSUED BY THE 1ST RESPONDENT. P13 COPY OF THE LETTER NO.E2/6573/05 DATED 27/6/2007 ISSUED BY THE 2ND RESPONDENT TO THE TREASURY OFFICER. P14 COPY OF THE LETTER NO.E2-6573/05 DATED 3/8/2007 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P15 COPY OF THE G.O.(RT) NO.255/2005/SWD DATED 18/6/2008 ISSUED BY THE 1ST RESPONDENT. P16 COPY OF THE LETTERNO.E2/6573/05 DATED 1/7/2008 ISSUED BY THE 2ND RESPONDENT. sts 3/- -3- WP(C)NO.8512/2009 P17 COPY OF THE REPRESENTATION DATED 11/7/2008 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. P18 COPY OF THE LETTER NO.E2/6573/05 DATED 12/8/2008 ISSUED BY THE 2ND RESPONDENT. P19 COPY OF THE LETTER NO.E2-6573/05 DATED 5/11/2008 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 8512 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of May, 2011 J U D G M E N T The petitioner retired from service of the Social Welfare Department of the Government of Kerala while working as Project Officer, Child Development Project, Vettikavala. On certain allegations of misconduct regarding construction work of boundary walls and latrines in the Anganwadies at Vettikavala area, disciplinary proceedings were initiated against the petitioner. The petitioner was found guilty and punishment was imposed on the petitioner. The 2nd respondent is directed recovery of Rs.58,000/- alleged to be the loss caused on account of misconduct of the petitioner in 60 monthly instalments from the petitioner. The petitioner filed an appeal against the punishment order. In appeal, recovery was limited to Rs.48,370/- to be paid in 60 monthly instalments by Ext.P4 order. Against Ext.P4, the petitioner filed a review petition in which by Ext.P6, the W.P.(C)No. 8512 of 2009 -2- order was modified by confirming the amount, but directing recovery in 25 monthly instalments on the ground that the petitioner was about to retire from service. Subsequently by Ext.P7 show cause notice, the petitioner was directed to show cause why an amount of Rs.28,370/- should not be recovered from the petitioner. Ext.P9 order was again passed directing recovery of Rs.48,370/- with interest from the D.C.R.G. of the petitioner under Rule 3 of Note 3 of Part III of K.S.R. The petitioner retired from service on 31.5.2005. Again by Ext.P10 order the 1st respondent directed recovery of Rs.48,370/- as also an amount of Rs.7,200/- being the monetary equivalent of punishment of barring of increment with interest till date. Later Ext.P13 Liability Certificate was issued to the petitioner fixing the liability as Rs.1,05,726/-. Later on, the petitioner was informed by Ext.P14 that the liability would be recovered from her pension. The DCRG due to the petitioner after deducting the amount was paid to the petitioner. The 1st respondent by Ext.P15 again modified the liability as W.P.(C)No. 8512 of 2009 -3- Rs.48,370 + 7200 with interest. By Ext.P16, the petitioner was informed that the government has decided to refund Rs.48,307/- and the interest deducted from her DCRG and to recover the same from her pension. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs: “i. To call for the Proceedings No.E5-44033/97 dated 3.3.2000 issued by the 2nd respondent, Exhibits P4, P9, P10, P15 and P16 orders issued by the 1st respondent, and to quash the same by the issuance of writ of certiorari or other appropriate writ, order or direction. ii. Declare that no amount is liable to be recovered from the petitioner and that she is entitled to be disbursed the full of her Death Cum Retirement Gratuity withheld by the 1st respondent with interest and to direct the respondents not to recover any amount from the petitioner and to disburse her the entire Death Cum Retirement Gratuity with interest till date by the issuance of the writ of mandamus, or other appropriate writ, order or direction.” 2. According to the petitioner, since more than three years have already elapsed and the liability has not been finally fixed till now no recovery can be made from the petitioner under Rule 3 Note 3 of Part III of the K.S.R. 3. I have heard the learned Government Pleader also. 4. I am of opinion that the liability has already been W.P.(C)No. 8512 of 2009 -4- fixed as Rs.48,370/-. Therefore I put it to the counsel for the petitioner as to whether the petitioner is agreeable for recovery of the said liability of Rs.48,370/- from the DCRG, insofar as the petitioner submits that as stated in Ext.P16 the said amount has not been refunded to the petitioner. After obtaining instructions from the petitioner, the counsel for the petitioner submits that the petitioner is agreeable to the same. In the above circumstances, this writ petition is disposed of directing the respondents to close the matter by appropriating the Rs.48,370/- withheld from the petitioner's DCRG. If any further amounts are due to the petitioner after deducting the said amount of Rs.48,370/-, the same shall be disbursed to the petitioner within one month from the date of receipt of a copy of this judgment. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/