IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 WA.No. 1046 of 2008(E) --------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.21132/2005 .................... APPELLANT/ ADDITIONAL P.2 IN THE W.P(C): ----------------------------------------------------------------- SMT.LAILA FRANCIS, AGED 52 YEARS, WIFE OF LATE SHRI.E.P.FRANCIS, RESIDING AT ERINKARAN HOUSE, KARUKUTTY P.O., PIN-683 576, ERNAKULAM DISTRICT. BY ADV. SRI.P.C.SEBASTIAN. RESPONDENTS/ RESPONDENTS 1 TO 3 IN THE ABOVE W.P.(C): ------------------------------------------------------------------------------------------- 1. THE DIRECTOR, URBAN AFFAIRS, PUBLIC OFFICE BUILDING, TRIVANDRUM MUSEUM P.O., THIRUVANANTHAPURAM. 2. THE SECRETARY, MUNICIPAL COUNCIL, ALUVA. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL ADMINISTRATION, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. SANDESH RAJA. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/06/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. KOSHY & P.N. RAVINDRAN, JJ. ---------------------------------------------------- W.A.NO.1046 OF 2008-E ---------------------------------------------------- Dated this the 10th day of June, 2008. JUDGMENT Koshy, J: Appellant is the wife of a Revenue Officer, who was retired on superannuation with effect from 30.6.1999. On 30.5.2005 the 1st respondent fixed his liability to the extent of Rs.98,382/=. That was challenged as it was fixed in violation of Note 3 under Rule 3 Part III of KSR in as much as it is beyond the three year period prescribed therein. During the pendency of the writ petition, the Revenue Officer died and his wife was impleaded. The learned Singe Judge found the contention of the petitioner is unassailable and on that ground the petitioner is entitled to succeed. It is also stated that Ext.P9 will stand quashed, however, without prejudice to the right of the respondents to recover the said amount by other means as is permissible under law. That part alone is challenged in this writ appeal. 2. Once fixation of liability is illegal, it cannot be recovered. If the liability is not fixed as per the Rules within the time fixed and W.A.NO.1046/08 . 2 after the death of the person, the learned Single Judge only said it can be recovered if permissible under law. So, We make it clear that liability cannot be fixed after three years of retirement and therefore, even as per the observations, it cannot be recovered from the petitioner. 3. It was submitted in the writ petition that apart from challenging Ext.P9, it was also contended that petitioner's pension, D.C.R.G and other terminal benefits were not fixed taking last pay into account. If terminal benefits are not calculated as per the Rules, the appellant to file a detailed representation before the Government and the Government shall consider the matter and dispose of the same as expeditiously as possible. The writ appeal is disposed of accordingly. J.B. KOSHY, JUDGE. P.N. RAVINDRAN, JUDGE. cl W.A.NO.1046/08 . 3