P.N.SASEEDHARAN Vs. KERALA STATE HOUSING BOARD

JUDGEMENT

(1.) THE appellant is a retired Executive Engineer of the 1st respondent-Board and is before this Court for the second time claiming the very same relief; i.e., for disbursement of the entire Death-cum-Retirement Gratuity ("DCRG" for short), a portion of which has been adjusted against the liability of the appellant on superannuation.

(2.) THE admitted facts are that the appellant retired on 28.02.2007 as Executive Engineer and the DCRG was not paid, since there were some liabilities outstanding against him. The liabilities outstanding was initially worked out as Rs.14,72,638/- and the Deputy Director, Local Fund Audit (hereinafter referred to as "DDLFA"), after reference to reports received from various offices, dropped a number of objections and the remaining liabilities were computed at Rs.3,86,999/-. The same was intimated to the appellant by Exhibit P4 dated 26.09.2009 and the appellant was called upon to offer his explanation. Thereafter by Exhibit P5 it was intimated to the appellant that the liability outstanding was Rs.3,56,532/- instead of Rs.3,86,999/- notified earlier. Detailed explanations were submitted by Exhibit P6. Since no final orders were passed, the appellant was constrained to approach this Court in W.P.(C).No.28260 of 2008, in which an interim order dated 26.10.2009 was issued (Exhibit P7) directing to finalise the issue of liability of the appellant within two weeks.

(3.) IN the present proceedings, the appellant contended before the learned Single Judge that the amount of DCRG withheld from the appellant ought to be disbursed to him, since the proceedings had not reached a finality and as per Note 3 of Rule 3 Part III of Kerala Service Rules if no quantification is made within a period of three years on becoming a pensioner, then it cannot at all be quantified later. Reliance was also placed on Exhibits P11 and P12 to contend that in cases of vigilance enquiry and delay due to audit objections, pensionary benefits shall be settled and recovery of loss made through revenue recovery or civil proceedings on conclusion of vigilance enquiry, unless there are convincing reasons to believe that the loss caused to the Government is clearly mala fide.