STATE OF KERALA Vs. C V ANTONY

JUDGEMENT

(1.) Appeal is by the State. The original petition was filed by the respondent for a writ of mandamus compelling the appellants to issue Non-liability Certificate so as to enable him to draw the gratuity and also for a direction for payment of interest at 15% with effect from 1-4-1988. The learned Single Judge holding that unilateral fixation of the liability at Rs. 18,663/-by the appellants is illegal, unjust and contrary to R.3 and 116 Part III of Kerala Service Rules allowed the Original Petition, and directed the appellants to disburse the entire death cum retirement gratuity amount to the respondent with 12% interest from 1-6-1989 to the actual date of payment.

(2.) Appellants' contention is that the respondent has caused loss of Rs. 18,663/- as found by the Department and accordingly Liability Certificate was issued to him by the Director of Health Services on 11-10-1989. Appellants maintain that failure to issue notice before fixing the liability to the respondent amounts only to a technical defect to be ignored and respondent cannot advantageousely make any claim on that score.

(3.) Since the relief claimed is with respect to death cum retirement gratuity alone it is relevant to note Ruling No. 5 given under R.116(5) of Part III K.S.R which is as below:-