IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WA.No. 2871 of 2007 --------------------- AGAINST THE JUDGEMENT IN OP.33410/2002 Dated 14/09/2007 .................... APPELLANT(S): RESPONDENTS ------------------------- 1. THE KERALA STATE HOUSING BOARD, REPRESENTED BY THE CHAIRMAN, THIRUVANANTHAPURAM. 2. THE SECRETARY, OFFICE OF THE COMPETENT AUTHORITY, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. BY ADV. POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB RESPONDENT: PETITIONER ------------------------- M.SWAMIDASAN, (RETD. EXECUTIVE ENGINEER, K.S.H.B.) F4/1, SATTELLITE TOWNSHIP, PADAMUGAL P.O., KOCHI-682 030. BY ADV.SRI.M.V.BOSE SMT.NISHA BOSE THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ------------------------------ W.A.No.2871/2007 ------------------------------ Dated this, the 23rd day of February, 2010 JUDGMENT Balakrishnan Nair, J. The respondents in the Writ Petition are the appellants. 2. The brief facts of the case are the following: The respondent, while working as Executive Engineer under the 1st appellant Kerala State Housing Board, retired from service on 30.6.2000. When the terminal benefits were not released to him, he approached this Court and this Court by Ext.P4 judgment, directed the appellants to finalise the liability, if any, due from him and release the terminal benefits. Thereafter, the respondent was served with Ext.P5 notice, calling upon him to file his objections to the proposed liabilities stated therein. While, the matter was so pending before the competent authority of the Housing Board, concerning the fixation of the liability, the present Original Petition was filed, seeking the following reliefs: WA No.2871/2007 - 2 - “(i) to call for the entire records relating to the case and (ii) to issue a writ of mandamus compelling the respondents to disburse the balance of D.C.R.G of the petitioner with 18% interest. (iii) to direct the respondents to pay the medical reimbursement due to the petitioner. (iv) to direct the respondents to initiate appropriate action as contemplated in Exhibit P1 against the officer who is responsible for the irregularities, by placing the concerned person under suspension and to recover from that person the interest and other loss sustained by the petitioner, so as to reimburse the petitioner in that regard.” The learned Single Judge allowed the Original Petition, granting the main reliefs and hence this appeal. 3. We notice that the first two items of liabilities mentioned in Ext.P5 relate to a construction undertaken under the supervision of the respondent in 1986. Obviously, the commissions and omissions of the respondent in relation to that construction cannot be the subject-matter of fixation of the liability, in view of the time limit fixed in Rule 3 of Part III of the WA No.2871/2007 - 3 - Kerala Service Rules. Item No.3 in Ext.P5 relates to interest on Scooter advance, which will come to Rs.7/- only. The 4th item was concerning a construction, which was completed in 1999. Therefore, action could have been taken against him before 2003. But, the materials on record would show that the contractors concerned have returned the departmental materials supplied. Therefore, no liability subsists based on the 4th item in Ext.P5. In view of the above position, we find that the retention of the D.C.R.G amount made by the appellants was not justified and the learned Single Judge has rightly interfered and directed release of the D.C.R.G to the respondent. 4. Prayer No.(iii) in the Original Petition related to medical reimbursement. The learned Single Judge noticed that in the counter affidavit filed by the Housing Board there was no explanation for withholding 25% of the amount claimed by way of reimbursement. In that view of the matter, there was a direction to release the balance amount claimed towards medical reimbursement. Going by the counter affidavit filed by the Housing Board on the above claim, we notice that the WA No.2871/2007 - 4 - Secretary has authority to release only 75% of the amount, if the claim exceeds Rs.1000/-. For release of the balance amount, the competent authority has to take a decision. So far, the competent authority has not taken any decision concerning the same. If the appellants have a case that the respondent is not entitled to get the full amount of medical reimbursement, they may take a decision on that point within three months from today. Otherwise, the balance amount concerning medical reimbursement shall also be released to the respondent. Subject to the above direction, the Writ Appeal is dismissed. K. Balakrishnan Nair, Judge. P.N.Ravindran, Judge. nm.