IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 9707 of 2007(E)
1. USHADEVI.P., W/O.D.BAHULEYAN, AGED 56
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE DIRECTOR, SCHEDULED CASTE
For Petitioner :SRI.C.UNNIKRISHNAN (KOLLAM)
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice V.GIRI
Dated :04/12/2007
O R D E R
V.GIRI, J.
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WP(C) 9707 OF 2007
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Dated this the 4th day of December 2007
JUDGMENT
Petitioner retired from service on 31.5.2006. She is aggrieved by
the fact that the DCRG due to her has not been disbursed so far. It is
admitted that an amount of Rs.3,30,000/- has been sanctioned as
DCRG to the petitioner by the Accountant General.
2. In the counter affidavit filed by the respondents, it is
contended that certain irregularities were found in the audit report for
the period from 1.1.2005 to 31.12.2006 and a departmental vigilance
enquiry is going on. At the same time it is mentioned that the
petitioner was found not guilty in Vigilance Case No.VE-5/2004/SIU.
Registration of vigilance case against her is the only reason cited for
not disbursing the DCRG. There is a reference made to certain
disciplinary proceedings against the petitioner initiated prior to her
retirement. But that does not seem to have any impact on the
respondents to disburse DCRG the due to the petitioner.
3. The respondents are bound to finalise the liability, if any,
incurred by the petitioner, in relation to her service. Pendency of
W.P.(C)9707/2007 2
disciplinary proceedings by itself is not a reason to delay the issue of
NLC/LC. The petitioner has also a contention that she was illegally
denied promotion to the post of Deputy Director, Joint Director and
Additional Director. This claim is contained in Ext.P4.
4. I have heard the learned Special Government Pleader also.
5. In the circumstances, the writ petition is disposed of directing
the second respondent to issue an NLC/LC to the petitioner within a
period of two months from the date of receipt of a copy of this
judgment. If there is a proposal for fixing any liability on the petitioner,
she may be given notice and a hearing before it is done. On the basis
of LC/NLC to be issued in the manner aforementioned, DCRG due to
the petitioner will be disbursed within one month thereafter.
Petitioner’s claim for promotion, in the manner aforementioned, shall
be looked into by the government on the basis of the
recommendations made by the Director, and an appropriate decision
be taken by the Government on Ext.P4, within a period of two months
from the date of receipt of a copy of this judgment. Petitioner shall
produce separate certified copies of judgment before respondents 1
and 2. Petitioner’s claim for interest on belated payment of DCRG is
left open, to be agitated in appropriate proceedings before the Civil
Court.
V.GIRI, JUDGE
W.P.(C)9707/2007 3
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