D REMADEVI W/O B GOPALAKRISHNA Vs. DIRECTOR, DEPARTMENT OF FISHERIES; ASSISTANT DIRECTOR OF FISHERIES; ACCOUNT GENERAL OF KERALA

JUDGEMENT

(1.) Petitioner's husband was an Assistant Extension Officer under the Fisheries Department. He retired from service on 31/10/2003 and expired on 4/5/2004. This writ petition is filed praying for directing release of terminal benefits due to the petitioner's husband.

(2.) Counter affidavit has been filed by the respondents. From the counter affidavit, it would appear that there are liabilities outstanding against the deceased husband of the petitioner. The first liability indicated is Rs.1,97,229/- fixed as the liability of the petitioner's husband by order dated 28/11/2003 issued by the Director of Fisheries. In that order, it is also held that he should pay 12% interest on the amount due from him. It is stated that accordingly a total amount of Rs.4,20,740/- is now due.

(3.) The nature of the charges (Ext.R1a), which led to the fixation of liability show that the allegation that the petitioner's husband did not produce the documents relating to the amounts under the savings cum Relief Scheme and this does not appear to be a case when any amount was misappropriated. That apart, the employee having expired long ago, I do not think there is any justification for holding the family liable for interest. Therefore 12% interest that is sought to be levied on the petitioner on Rs.1,97,229/- is unjustifiable and will stand waived. It is stated that towards the aforesaid liability, Rs,9,953/- being the surrender of Earned Leave salary has already been adjusted and if so, credit should be given to such amount and it will be open to the respondents to adjust the balance amount of Rs.1,87,276/- that is due from the deceased.