IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 28368 of 2008(B) --------------------------------------- PETITIONER: ------------------- MARIAMMA JOSEPH, W/O.JOSEPH.K.C, AGED 52 YEARS, KAVUMKAL HOUSE, DEVIYAR COLONY, VALARA.P.O, IDUKKI-685 561. BY ADVS. MR.DENIZEN KOMATH, MR.SHERRY J. THOMAS. RESPONDENTS: ------------------------ 1. ACCOUNTANT GENERAL, OFFICE OF THE ACCOUNTANT GENERAL (A&E) KERALA, THIRUVANANTHARURAM-695 039. 2. ASSISTANT EDUCATIONAL OFFICER, MUNNAR. R1 & R2 BY GOVERNMENT PLEADER MR. SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.28368/2008-B: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DEATH CERTIFICATE ISSUED BY THE COMPETENT AUTHORITY. EXT.P.2: COPY OF THE LEGAL HEIRSHIP CERTIFICATE ISSUED BY THE TAHZILDAR, DEVIKULAM. EXT.P.3: COPY OF THE ORDER ISSUED FROM THE OFFICE OF THE R.2. DTD. 09/08/2007 COMMANDING ISSUANCE OF PAYMENT OF LIFE TIME ARREARS OF PENSION. EXT.P.4: COPY OF THE INTIMATION SLIP OF PENSIONARY BENEFITS ISSUED FROM THE OFFICE OF THE R.2. DTD. 09/08/2007. EXT.P.5: COPY OF THE GRATUITY PAYMENT ORDER DTD. 09/08/2007. EXT.P.6: COPY OF THE REPORT OF PENSIONARY CLAIMS ISSUED BY THE R.2. EXT.P.7: COPY OF THE LETTER ISSUED FROM THE OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI DTD. 04/06/2007. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S.SIRI JAGAN, J. --------------------------- W.P.(C) No. 28368 OF 2009 -------------------------- Dated this the 28th day of January, 2010 J U D G M E N T The petitioner is the widow of Sri. Joseph K.C, who retired from service as Headmaster of Venad Government L.P School on 31.1.2005 and died on 29.6.2005, before receiving his retirement benefits. The petitioner now seeks payment of the retirement benefits due to her deceased husband. According to the petitioner, except pension given on 12.11.2007, no other retirement benefits of Sri. Joseph K.C has been paid to the petitioner and her family. A counter affidavit has been filed wherein the contention taken is that a liability of Rs.91,603 has been fixed on Sri. Joseph K.C, which is to be paid by his legal heirs. But nowhere in the counter affidavit it is stated that the said liability has been fixed after notice to either the deceased employee or his widow within three years from the date of retirement of the deceased employee. That being so, going by Note 3 of Rule 3 of Part III of KSR, such liability cannot be recovered from the retirement benefits due to the deceased employee. Accordingly, the writ petition is allowed. There will be a W.P.(C) No. 28368/08 2 direction to the respondents to see that the entire retirement benefits due to late Joseph K.C is paid to the petitioner within one month from the date of receipt of a copy of this judgment. If the respondents have any case that any liability is to be recovered from late Joseph K.C or his properties, they may do so by initiating appropriate proceedings in that regard, if they can do so at this point of time. S.SIRI JAGAN, JUDGE vps