IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 18TH JANUARY 2011 / 28TH POUSHA 1932 WP(C).No. 409 of 2007(W) ------------------------ PETITIONER(S): --------------- V. PADMANABHAN (RETD. JUNIOR SUPERINTENDENT), `THALAM', POST KOOTHALI, VIA. PERAMBRA, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): --------------- 1. THE DEPUTY DIRECTOR OF PANCHAYATS, CIVIL STATION, KOZHIKODE. 2. THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM. 3. DIRECTOR OF LOCAL FUND AUDIT DEPARTMENT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT. N. SUDHA DEVI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'E EXHIBITS: W.P.C. NO. 409/2007. ---------------------------------------------------------------- EXT.P1 COPY OF ORDER DT. 28.4.2006. EXT.P2 LETTER DT. 23.12.2005. EXT.P3 NON-LIABILITY DT. 7.7.2006. [TRUE COPY] P.S. TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 409 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 18th day of January, 2011. J U D G M E N T The petitioner retired from the Panchayat Common Service as a Junior Superintendent on 31.3.2006. DCRG was sanctioned to the petitioner as per Ext. P1 order of the Accountant General. The petitioner's grievance in this writ petition is that DCRG due to the petitioner has not been disbursed to him yet. He further points out that although there was originally audit objection in respect of which Ext. P2 communication was issued to the petitioner on 23.12.2005, later on, by Ext. P3 non liability certificate dated 7.7.2006, the Secretary of the Changaroth Grama Panchayat Office in respect of the service of the petitioner in which the audit objection related, certified that no liability to the Government or the Changaroth Grama Panchayat was outstanding against the petitioner during the period when the petitioner worked in the Changaroth Grama Panchayat . It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs: “a) Issue a writ, order or direction, directing the respondents to disburse the entire DCRG as ordered in Ext. P1 forthwith. b) Issue a writ, order or direction, directing the respondent to pay interest for the delayed payment of DCG @ 12% per annum.” 2. Counter affidavits have been filed by respondents 1 and 2. In the same, they speak of liability by way of surcharge on the petitioner, which, according to them, has to be deducted from the DCRG due to the petitioner. But, they could not sufficiently answer Ext. P3 in which the concerned Panchayat has certified that no liabilities to the -: 2 :- Government or Changaroth Grama Panchayat are outstanding against the petitioner. They have not also been able to satisfy me that any liability has been validly fixed on the petitioner by complying with the procedure prescribed within the time stipulated in Rule 3 of Part III of KSR insofar as more than 4 years have already elapsed after the retirement of the petitioner. Now no liability can also be fixed on the petitioner validly at this point of time. As such, I am of opinion that the petitioner has made out a case for a direction to the respondents to see that the DCRG sanctioned to the petitioner as per Ext. P1 is disbursed to the petitioner expeditiously. 3. Learned counsel for the petitioner submits that during the pendency of the writ petition, an amount of Rs. 2,06,855/- has been disbursed to the petitioner leaving a balance of Rs. 48,699/-. Accordingly, there would be a direction to the respondents to see that the said amount of Rs. 48,697/- is disbursed to the petitioner within one month from the date of receipt of a copy of this judgment. The claim of the petitioner for interest is left open to be agitated by the petitioner in appropriate other proceedings . The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/