IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32773 of 2008(B)
1. V.A.MOHAMMED SALI, S/O.ASAMIYA LEBBA,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY SECRETARY
... Respondent
2. THE KERALA STATE HOUSING BOARD,
3. SECRETARY, KERALA STATE HOUSING BOARD,
4. THE EXECUTIVE ENGINEER, K.S.H.B.,
For Petitioner :SRI.K.S.HARIHARAPUTHRAN
For Respondent :POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :02/12/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 32773 OF 2008 (B)
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Dated this the 2nd day of December, 2009
J U D G M E N T
Petitioner retired from the Kerala State Housing Board as
Assistant Secretary on 31/5/2006. As at present, his DCRG is not
released and he is getting only provisional pension. It is with
these grievances, the writ petition is filed.
2. In so far as the non payment of DCRG is concerned,
two reasons are stated in the counter affidavit. One is about the
pendency of a vigilance enquiry initiated in 2002 and the other is
that the petitioner owes a liability of Rs.3,16,348/- to the Board.
Admittedly, more than 3 years have expired since the retirement
of the petitioner. If that be so, there cannot be any fixation of
liability at this distance of time, as the time limit of three years
prescribed in Note 2 to Rule 3 Part III KSR has already expired.
Therefore, the pendency of the vigilance enquiry cannot stand in
the way of the respondents settling the DCRG dues to the
petitioner, but however, after effecting recovery of Rs.3,16,348/-
indicated in the counter affidavit. Therefore, respondents are
directed to release the balance DCRG, if any, due to the petitioner
WPC 32773/08
:2 :
on the production of a copy of this judgment.
3. In so far as pension is concerned, admittedly, there
were two vigilance enquiries against the petitioner, out of
which,one enquiry in relation to the alleged irregularities of the
Palakkad Office is over and the petitioner seems to have been
exonerated. What remains is the other enquiry in relation to his
tenure at Alleppey, which was initiated in 2002. Having regard to
the above, the petitioner will have to await the completion of the
said enquiry for full pension.
Writ petition is therefore disposed of directing that the
DCRG due shall be released to the petitioner as directed above.
ANTONY DOMINIC, JUDGE
Rp