IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 31850 of 2008(N) --------------------------------------- PETITIONER: ------------------- K.K.KUSHI, DEPUTY DIRECTOR OF AGRICULTURE (RETD) KALYAN, KALLILMEL.P.O, MAVELIKKARA. BY MR. V.N.ACHUTHA KURUP, SENIOR ADVOCATE, ADVS. MR.B.S.SWATHY KUMAR, SMT.BINDU SREEKUMAR. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, AGRICULTURAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF AGRICULTURE, KERALA STATE, THIRUVANANTHAPURAM. 3. THE PRINCIPAL AGRICULTURE OFFICER, KOZHIKODE. 4. THE ASSISTANT DIRECTOR OF AGRICULTURE, KUNNAMANGALAM, KOZHIKODE. R1 TO R4 BY GOVT. PLEADER SMT. SUDHA DEVI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.31850/2008-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. P-16/PENA/373/BV/06-07 DTD. 13/10/2006/19-10-2006. EXT.P.2: COPY OF THE LETTER SENT TO BE PETITIONER TO THE R.2. DTD. 21/03/2006. EXT.P.3: COPY OF THE LETTER SENT FROM THE PETITIONER DTD. 09/08/2005 TO THE R.3. EXT.P.4: COPY OF THE LETTER NO. AD (1) 8242/05(2) DTD. 31/07/2006 FROM THE R.3. EXT.P.4.A: COPY OF THE STATEMENT ALONG WITH EXT.P.4. EXT.P.5: COPY OF THE LETTER SENT TO THE PETITIONER TO THE R.3. DTD. 24/08/06. EXT.P.6: COPY OF THE LETTER DTD. 28/12/2006 SENT TO THE PETITIONER BY THE R.3. EXT.P.7: COPY OF THE LETTER NO. AD (1) 8242/2005 DTD. 03/10/2007 OF THE R.3. EXT.P.8: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE R.2. DTD. 03/12/2007. EXT.P.9: COPY OF THE LETTER NO. AUDIT 1(3)43588/05 DTD. 19/08/2008 ISSUED BY THE R.2. EXT.P.10: COPY OF THE LETTER DTD. 26/08/2008 NO. FROM THE PETITIONER TO THE R.2. EXT.P.11: COPY OF THE COMMUNICATION NO. AD (2)12126/2005 DTD. 17/07/2008 FROM THE PRINCIPAL AGRICULTURAL OFFICER, THIRUVANANTHAPURAM. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. V.GIRI, J. ------------------------- W.P.(C).No.31850 of 2008 ------------------------- Dated this the 24th day of March, 2009. JUDGMENT The petitioner retired from service as Deputy Director of Agriculture, Pathanamthitta, on 31.5.2006. Her grievance is regarding the non-disbursal of the Death cum Retirement Gratuity, aggregating an amount of Rs.2,87,051/-, sanctioned as per Ext.P1. The liability, if any, as regards the petitioner has not been finalised so far. Ext.P9 notice, which is also challenged in this writ petition, is one proposing an amount of Rs.28,47,286/- as the liability of the petitioner. Obviously, the liability can be finalised only after hearing the petitioner. This shall be done as early as possible and if it is not done within three years from the date of retirement of the petitioner, obviously the liability, if determined thereafter, cannot be adjusted against the Death cum Retirement Gratuity. The respondent shall, within a time frame, see that the liability is fixed, after W.P.(C).No.31850 of 2008 :: 2 :: notice to the petitioner and after hearing her, as early as possible and the amount due to the petitioner as Death cum Retirement Gratuity shall be disbursed, subject to the fixation of liability. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy//