RATHEESH S. NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) We have heard the learned counsel for the petitioner and the learned Government Pleader.

(2.) The petitioner retired from service on 31.03.2010. DCRG was not released to him for want of last pay certificate/no liability certificate. He, therefore, filed an original application before the Kerala Administrative Tribunal in 2012. By the time that application was taken up for consideration in July, 2013, the applicant was eligible to receive the entire DCRG in terms of Rule 116 of Part III KSR, without any condition as to bond or deduction. The Tribunal, however, directed the establishment to release DCRG in terms of Ruling No. 5 under Rule 116 of Part III KSR within a period of two months from the date of that order. Amount was so released. The question of interest had been left open by the Tribunal.

(3.) The direction of the Tribunal to release the amounts under Ruling No. 5 under Rule 116 Part III KSR cannot be operated as it requires the petitioner to provide a surety or a bond. Since the time frame within which such condition could be insisted upon had run out, the establishment is not entitled to insist on any such requirement. The retiral benefits including DCRG are to be released to the petitioner without insisting on any condition in that regard.