IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 WP(C).No. 30527 of 2009(I) -------------------------- PETITIONER(S): ------------------- P.K.SASEENDRAN, (RETD.FORESTER, DEVIKULAM RANGE, MUNNAR DIVISION), KOCHUPURACKAL HOUSE, KAPIKKAD, KALLARA P.O., KOTTAYAM, PIN 686 611. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SRI.RAMESH. C.R. RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVT., FOREST AND WILDLIFE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001. 2. CHIEF CONSERVATOR OF FORESTS (ADMN.), FOREST HEADQUARTERS, VAZHUTHACAUD, THIRUVNANTHAPURAM, PIN 695 014. 3. DIVISIONAL FOREST OFFICER, MUNNAR DIVISION, DEVIKULAM, PIN 685 613. GOVERNMENT PLEADER SHRI.ANTONY MUKKATH FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1 TRUE COPY OF THE REPN. DTD.22.11.2008. EXT.P2 TRUE COPY OF THE LETTER NO.M2-4273/08 DTD.6.12.2008. EXT.P3 LTRUE COPY OF THE REPN.DTD.20.4.2009. RESPONDENT'S EXHIBITS: EXT.R3(a) TRUE COPY OF MEMO Of CHARGES NO.B3-22062/06 DTD. 29.9.2006 OF CHIEF CONSERVATOR OF FORESTS (ADMN.) EXT.R3(B) TRUE COPY OF LETTER NO.M2-4273/06 DTD.16.11.2009 OF THE DIVISIONAL FOREST OFFICER, MUNNAR. TRUE COPY P.A.TO JUDGE K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.30527 of 2009 ------------------------------------------- Dated this the 6th day of January, 2010 JUDGMENT The petitioner is a retired Forester who retired from service on attaining superannuation from the Devikulam Range in Munnar Division on 30.9.2006. His complaint is that the amount of DCRG due to him has not been paid, though more than three years have elapsed since his retirement. The Government have filed a counter affidavit wherein they have stated that disciplinary proceedings had been initiated against the petitioner for causing loss to the Government by not properly safeguarding the thondi articles in four cases. The total amount of loss so caused to the Government, as a result of the alleged omission on the part of the petitioner had not been quantified. The case of the Government is that the DCRG has not been paid to him only because of the fact that disciplinary W.P.(C)No.30527/2009 2 proceedings were pending against him. Along with the counter affidavit, Ext.R3(b) proceedings is also produced authorising the recovery of the amount covered by his liability certificate from his DCRG. The amount that is shown to be retained as per Ext.R3(b) is Rs.69,550/-. It is submitted by the third respondent that the DCRG of the petitioner, less the amount that is directed to be retained has been directed to be released to him. 2. The counsel for the petitioner contends that the date of Ext.R3(b) being 16.11.2009, beyond the period of three years stipulated by Rule 3 of Part III of the Kerala Service Rules, the recovery as contemplated by Ext.R3(b) is not permissible. 3. My attention is drawn by the counsel for the petitioner to paragraph 5 of the counter affidavit filed by the Government, wherein it has been stated as follows: “However, as the outer time limit of three years vide Note - 3 under Rule 3 Part III Kerala Service Rules, was to be over the W.P.(C)No.30527/2009 3 imputed liability was withheld and the balance DCRG was released as per Order dtd.16.11.2009, a true copy of which is produced herewith and marked as Ext.R3 (b).” 3. In view of the fact that Ext.R3(b) has been issued after the expiry of three years of the date of retirement of the petitioner, the recovery as contemplated by Ext.R3(b) is not permissible from the DCRG of the petitioner. However, the Government can resort to other legal remedies to recover any liability found to be due to the petitioner on termination of the disciplinary proceedings pending against him. In view of the above, it is found that the Government have no authority to retain the amount that is directed to be retained as per Ext.R3(b) proceedings. 4. In the result, this Writ Petition is allowed. The respondents are directed to disburse to the petitioner the amount of DCRG that is due to him in full. It is made clear that this direction does not in any way affect the right of the Government to resort to any W.P.(C)No.30527/2009 4 other course of recovery of the amount that may be found due from the petitioner on a proper quantification after completion of the disciplinary proceedings. The amount of DCRG shall be disbursed to the petitioner within six weeks. The claim of the petitioner for interest on the amount of DCRG is left open. K.SURENDRA MOHAN, JUDGE css/