STATE OF KERALA Vs. G.INDIRAKUMARI

JUDGEMENT

(1.) The original petition has been filed by the State Government challenging order dated 08.11.2019 in O.A. No.173/2019. The applicant/the respondent herein, who had retired from service on 31.08.2017, had approached the Kerala Administrative Tribunal, seeking directions to release the DCRG and other retirement benefits. The Tribunal after considering the respective contentions of the parties observed that insofar as no departmental proceedings except Annexure-A4 was pending against the applicant, there was no reason to withhold the DCRG. Accordingly, direction had been issued to the first respondent to pay the DCRG within three months from the date of receipt of the certified copy of the order along with interest @ 7% from 01.12.2017 till the date of payment. It is brought to our notice that a full bench of this Court in K.Chandran v. Local Self Government Department [2020 (5) KLT 669] has struck off the latter part of the Rule 3A of Part III KSR. The facts of this case clearly applies to the factual aspects involved in O.P.(KAT) No.428/2019 decided by the Full Bench of this Court. Having regard to the aforesaid factual situation, we do not find it necessary to admit the original petition.

(2.) The learned Government Pleader, however, submits that yet another case was decided along with O.A.173/2019 as O.A.No.208/2017 wherein the applicant has challenged an enquiry report and show cause notice issued against her. It is submitted that the Government has valid contentions in the said case and, therefore, opportunity should be given to prosecute the said matter further. It is submitted that, so far, no challenge has been made, but the right of the Government should be reserved. We, therefore, reserve the right of the Government to challenge the order in O.A.No.208/2017 while dismissing the present original petition.

(3.) In the result, this original petition is dismissed confirming the order passed by the Tribunal in O.A.No.173/2019 without prejudice to the right of the Government to proceed against the respondent herein in accordance with the procedure prescribed.