IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 WP(C).No. 17558 of 2010(T) -------------------------- PETITIONER(S): --------------------- P.N.SASIDHARAN, (RETD.EXE.ENGINEER, KSHB), PLOT NO.50, SOUPARNIKA, PRIYADARSHINI NAGAR, PARAVATTANI, THRISSUR-5. BY ADV. SRI.B.MANIMOHAN RESPONDENT(S): ------------------------ 1. KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. SRI.A.JAYASANKAR, SC, KSHB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 17558 OF 2010 (T ) ===================== Dated this the 23rd day of June, 2010 J U D G M E N T Petitioner retired as an Executive Engineer of the 1st respondent Board on 28/2/2007. He approached this Court by filing WP(C) NO.28260/08 seeking disbursement of the DCRG that was due to him. Pursuant to the interim order dated 26/10/2009, after hearing the petitioner, Ext.P8 proceedings were issued by the respondents quantifying his liability at Rs.1,89,827/-. It was ordered that withholding the said amount, the balance amount of DCRG will be disbursed to the petitioner and that the withheld amount would be released as and when the pending audit objections are dropped and on the basis of the report of the VACB in respect of the two loans for which the petitioner had issued stage certificates. 2. Taking note of Ext.P8, by Ext.P9 judgment, writ petition was disposed of with the following directions. Therefore, this writ petition is disposed of with the following directions:- 1) That the amount admittedly due to the petitioner, after appropriating the liability mentioned in the order dated 10.11.2009, will be released to him without any further delay. WPC No. 17558/10 :2 : 2) On receipt of the audit report and report of V.A.C.B., if the respondents propose to confirm any liability against the petitioner, before final orders are passed, the petitioner shall be put on notice and shall be given a reasonable opportunity to be heard in the matter. 3) The claim for interest is left open. Accordingly, by Ext.P10, the balance amount due to the petitioner was disbursed. 3. In this writ petition, what the petitioner submits is that the balance amount of Rs.1,89,827/- withheld from the DCRG due to the petitioner are also to be disbursed to him in view of Exts.P11 and P12. 4. As already seen, this Court has already accepted Ext.P8 as a quantification of the liability, and in Ext.P9, all that is directed is that on receipt of audit report and report of V.A.C.B, if any liability is to be confirmed, the same shall be done with notice to the petitioner. Petitioner has no case that audit report or the report of the VACB has been received. 5. Counsel relied on Exts.P11 and P12. Exts.P11 and P12, in my view do not advance the case of the petitioner and also does not enable the petitioner to seek disbursement of DCRG at this stage. This WPC No. 17558/10 :3 : is for the reason that the stage at which he can seek disbursement of the dues has been indicated in Ext.P9 judgment and that stage has not reached to claim payment. Therefore, I am not persuaded to direct release of the amount at this stage. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp