IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 WP(C).No. 22084 of 2009(E) -------------------------- PETITIONER(S): --------------- N.MOHANAKURUP, ASSISTANT EXECUTIVE ENGINEER(RETD), KERALA STATE ELECTRICITY BOARD, ELECTRICAL CIRCLE,PATHANAMTHITTA. RESIDING AT EDATHUNDIL KURUMPALA SOUTH.P.O. PANDALAM, PATHANMTHITTA DIST. BY ADV. SRI.P.M.PAREETH RESPONDENT(S): --------------- 1. KERALA STATE ELECTRICITY BOARD REP. BY ITS SECRETARY, VIDYUTHI BHVANAM, PATTOM TRIRUVANANTHAPURAM. 2. CHIEF ENGINEER (HRM) KERALA STATE ELECTRICITY BOARD, VIDYUTHI BHAVANAM, PATTOM, TRIRUVANANTHAPURAM. 3. DEPUTY CHIEF ENGINEER, K.S.E.B., ELECTRICAL CIRCLE PATHANMTHITTA. 4. EXECUTIVE ENGINEER, K.S.E.B. ELECTRICAL DIVISION, ADOOR. ADV. SRI. ASOK M.CHERIYAN, SC, KSEB FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.22084/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF THE RELIEVING MEMO DATED 31/03/09 ISSUED BY R3 TO THE PETITIONER. P2 : COPY OF REPRESENTATION DATED 29/06/09 SUBMITTED BY THE PETITIONER BEFORE R2. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.22084 of 2009 (E) --------------------------------- Dated, this the 21st day of May, 2010 J U D G M E N T The petitioner retired as an Assistant Executive Engineer from the services of the 1st respondent Board on 31/03/2009. His terminal benefits were not disbursed. It is with that grievance, the writ petition is filed. 2. In the statement filed, it is mentioned that consequent upon the orders of the Consumer Grievance Redressal Forum, Southern Region, an amount of Rs.4,16,476/- being the loss caused to the Board, is liable to be recovered. It is stated that DCRG could be released only after realising the apportioned loss caused to the Board. Another statement that is made in paragraph 3 of the statement is that there is a disciplinary proceedings pending against the petitioner. After the filing of the statement, when the matter was heard on 24/08/2009, this Court passed order directing the Board to finally determine the amount payable by the Employees of the Board pursuant to the directions of the CGRF Southern Region WP(C) No.22084/2009 -2- within two months. It was also directed that in the meanwhile, respondents shall pay monthly pension payable to the petitioner and also clarified that DCRG need not be disbursed. Now the grievance of the petitioner is therefore confined to non-payment of DCRG alone. 3. If as directed by this Court the liability has been fixed and as submitted by the learned counsel for the petitioner that there is no disciplinary action pending against him, necessarily, after recovering the liability due from the petitioner, balance DCRG has to be disbursed. 4. Therefore, the writ petition is disposed of with the following directions:- That if the liability has been fixed, and there is no other liability outstanding, after appropriating the liability quantified, balance DCRG should be disbursed to the petitioner within six weeks of receipt of a copy of this judgment. On the other hand, if the liability has not been quantified so far, the same shall be done and balance DCRG shall be disbursed within eight weeks of receipt of a copy of this judgment. WP(C) No.22084/2009 -3- It is made clear that this judgment will not stand in the way of the petitioner in disputing the liability, if any, quantified against him, and that this judgment has been rendered accepting the plea of the petitioner that contrary to what is stated in paragraph 3 of the statement there is no disciplinary action pending against him. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg