IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH OCTOBER 2009 / 6TH KARTHIKA 1931 WP(C).No. 30820 of 2003(R) -------------------------- PETITIONER(S): --------------- K.RAJAGOPAL, RETIRED PRINCIPAL, VHSS, CHATHANNOOR, RAJESWARI SADANAM, KANNIMEL, KILIKOLLOOR P.O., KOLLAM DISTRICT. BY ADV. SRI.PHILIP M.VARUGHESE RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. ASSISTANT EDUCATIONAL OFFICER, O/O ASSISTANT EDUCATIONAL OFFICE, PALODE. MR.ANTONY MUKKATH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.30820/2003 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF LIABILITY CERTIFICATE OF THE PETITIONER ISSUED BY THE DY.DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM DATED 03/05/2000. P2 : COPY OF NOTICE DATED 25/02/2000. P3 : COPY OF DIRECTION TO REMIT THE AMOUNT FIXED BY WAY OF LIABILITY DATED 21/8/2003. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.30820 of 2003 --------------------------------- Dated, this the 28th day of October, 2009 J U D G M E N T The petitioner was an Assistant Educational Officer. He retired from service on 31/03/1999. In this writ petition what he challenges is Ext.P3 order dated 21/08/2003 fixing liability of Rs.27,169/- on him, which is allegedly caused when he worked as AEO at Palode during the period from 01/06/1994 to 31/05/1996. Challenge to Ext.P3 is on the ground that the fixation of liability has been done beyond three year period prescribed in Note 3, Rule 3, Part-III KSR. From the dates noticed above itself, it can be seen that the fixation of liability is beyond three years, and therefore is bit by the time bar prescribed in the Rules noted above. If that be so, the fixation of liability in Ext.P3, in so far as the petitioner is concerned, is illegal, and is against the Rules. For that reason, Ext.P3 to the extent it fixes liability on the petitioner is set aside, and the writ petition is allowed. (ANTONY DOMINIC, JUDGE) jg