IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 25806 of 2008(V) -------------------------------------- PETITIONER(S): ---------------------- K.V. SEBASTIAN, KUNNEL, C.M.C.15, CHERTHALA. BY ADV. MR.J.OM PRAKASH RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF AGRICULTURE, SECRETARIATE, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF AGRICULTURE, THIRUVANANTHAPURAM. 3. THE PRINCIPAL AGRICULTURAL OFFICER, THRISSUR. 4. THE SUB TRESURY OFFICER, CHERTHALA. R1 TO R4 BY GOVERNMENT PLEADER MR.MOHAMMED FAZIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 25806/2008-V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 14/03/2007 ISSUED FROM THE OFFICE OF THE ACCOUNTANT GENERAL (A&E), KERALA, THIRUVANANTHAPURAM. EXT.P2: COPY OF THE NOTICE DATED 28/03/2008 ISSUED BY SRI.M.M.SALICHAN, ADVOCATE, CHERTHALA. EXT.P3: COPY OF THE LETTER OF THE 2ND RESPONDENT DATED 08/04/2008. EXT.P4: COPY OF THE REPRESENTATION OF THE PETITIONER DATED 24/06/2008. EXT.P5: COPY OF THE LETTER OF THE 3RD RESPONDENT DATED 09/05/2008. EXT.P6: COPY OF THE LETTER DATED 21/05/2008 OF THE PETITIONER. EXT.P7: COPY OF THE RECEIPT DATED 20/10/1986. EXT.P8: COPY OF THE RECEIPT DATED 27/06/1990. EXT.P9: COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 28/07/2008. EXT.P10: COPY OF THE RELEVANT PAGE OF THE LIABILITY REGISTER ISSUED BY THE 3RD RESPONDENT DATED NIL. EXT.P11: COPY OF THE LETTER OF THE PETITIONER DATED 18/08/2008. EXT.P12: COPY OF THE AUDIT REPORT DATED 31/03/1986 OF THE JOINT DIRECTOR OF AGRICULTURE. EXT.P13: COPY OF THE LETTER OF THE JOINT DIRECTOR OF AGRICULTURE DATED 26/09/1986. EXT.P14: COPY OF THE LETTER OF THE 2ND RESPONDENT DATED 13/06/1990. RESPONDENT'S EXHIBITS: EXT.R2(a): COPY OF THE LETTER NO.A(4)11269/05 DATED 27/11/2008 ORDER DATED 30/07/2007. EXT.R2(b): COPY OF THE ACKNOWLEDGEMENT CARD. EXT.R2(c): COPY OF THE LETTER OF THE PETITIONER. EXT.R2(d): COPY OF THE LETTER NO.AD(1)2827/2008 DATED 29/12/2008. //TRUE COPY// P.S. TO JUDGE Rs/ V.GIRI, J ------------------- W.P.(C).25806/2008 -------------------- Dated this the 25th day of March, 2009 JUDGMENT Petitioner, who retired as the Deputy Director of Agriculture on 28.2.2007, had approached this Court challenging the fixation of liability to the tune of Rs.9,487/- and also seeking a direction to disburse the DCRG. It is now admitted that the entire DCRG less an amount of Rs.12,593/-, which is the liability seen to have been assessed from the Office of the Director of Agriculture, has been disbursed to the petitioner. Subsisting grievance relating to the fixation of above mentioned liability of Rs.12,593/- and a claim for interest for belated payment is being pursued by the petitioner. 2. In my view, the petitioner may first approach the Government pointing out the illegality in the fixation of the liability to the tune of Rs.12,593/- and may pursue the same, if the Government does not accept the claim in that regard. W.P.(C).25806/2008 2 3. Writ petition is therefore, closed recording the submission that the DCRG less an amount of Rs.12,593/- has been disbursed to the petitioner. Petitioner may pursue his remedies in so far as the fixation of said liability is concerned, as aforementioned. Petitioner's claim for interest for alleged belated payment is left open. V.GIRI, Judge mrcs