IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH MAY 2010 / 29TH VAISAKHA 1932 WP(C).No. 23882 of 2007(R) ----------------------------------- PETITIONER(S): ------------------------- R.MURALEEDHARAN NAIR, S/O.RAMAN PILLAI, AGED 58 YEARS, EDATTU HOUSE, POONJAR POST, PANICHI PARA, KOTTAYAM DISTRICT. (FORESTER (RETD), PONMUDI SECTION, IDUKKI DISTRICT). BY ADV. SRI.K.P.SUDHEER RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FOREST , THIRUVANANTHAPURAM. 2. THE DIVISIONAL FOREST OFFICER, FOREST DIVISION, IDUKKI. 3. THE ACCOUNTANT GENERAL OF KERALA, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23882/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE GRATUITY PAYMENT ORDER DTD. 24.8.04 ISSUED BY THE 3RD RESPONDENT. TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.23882 of 2007 (R) --------------------------------- Dated, this the 19th day of May, 2010 J U D G M E N T The petitioner retired from service on superannuation on 31/12/2002 as a Forester. His grievance is regarding non-payment of DCRG. According to the petitioner, no liability has been fixed within the permitted period of three years, and therefore, his DCRG is liable to be released. 2. A statement dated 04/04/2008 has been filed on behalf of the 2nd respondent in which it is stated that in six cases involving five officers including the petitioner, there is a total loss of Rs.6,50,000/- and that the above six cases were under scrutiny to fix the liability of the petitioner in each case and that the same is in progress. 3. The petitioner having retired from service on 31/12/2002, facts as disclosed in the statement dated 4/04/2008 itself show that liability has not been fixed within the permitted period of three years. If that be so, he is entitled to have his DCRG WP(C) No.23882/2007 -2- released. This the respondents shall do as expeditiously as possible, at any rate, within two months of production of a copy of this judgment. However, it is made clear that this shall be without prejudice to the right of the respondents to recover any amount that is due in accordance with law. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg