STATE OF KERALA Vs. K.VIJAYAN

JUDGEMENT

(1.) Correctness and sustainability of Ext.P3 order passed by the Tribunal in O.A. No.695 of 2016, virtually allowing the release ordering at least a sum of Rs.1,09,620/- with interest @ 9% p.a. for the period from 01.04.2011 to 15.02.2015 till the date of payment, is the subject matter to challenge in this original petition.

(2.) Heard Sri. P.N. Santhosh, the learned Government Pleader appearing for the petitioners as well as the learned counsel who entered appearance for the respondent.

(3.) The sequence of events reveals that the respondent herein was serving the department as Sub Registrar and he retired from the service on 31.03.2011 while holding the post of Sub Registrar. The DCRG payable for the service rendered by the respondent was sanctioned as per Annexure A1, which was substituted and revised as per Annexure A1(b) dated 25.10.2011. Later, in the course of further proceedings, the liability of the respondent was fixed by the authorities concerned as per Annexure A2 dated 07.01.2014, fixing the same as Rs.7,410/-. This liability had been admitted by the respondent. However, based on some audit objection, Annexure A3 dated 30.10.2014 was passed revising the liability to extend an amount of Rs.1,70,030/-. The respondent, as aggrieved by the said proceedings, approached the Tribunal by filing O.A. No.1541/2014 for releasing the entire amount of DCRG after deducting the sum of Rs.7,410/- which was the liability initially fixed upon him. The matter was considered by the Tribunal and Annexure A4 verdict was passed on 04.10.2014 ordering a sum of Rs.1,17,032/- to be retained, for the time being and to have the balance released, however, reserving the rights and interests of the applicants to challenge the enhanced liability fixed vide Annexure A3.