IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 16379 of 2010(V)
1. SARAMMA JOZHUA, W/O. K.M.ANTHRAYOSE,
... Petitioner
Vs
1. THE DIRECTOR OF PUBLIC INSTRUCTION,
... Respondent
2. THE DEPUTY DIRECTOR OF EDUCATION,
For Petitioner :SRI.K.G.ANIL BABU
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :08/10/2010
O R D E R
S.SIRI JAGAN, J.
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W.P.(C). No.16379 OF 2010
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Dated this the 8th day of October, 2010
J U D G M E N T
The petitioner retired from service on 28-02-2007 as
P.A. to D.E.O. Kattappana after 29 years of service. The
petitioner’s grievance in this writ petition is that NLC of the
petitioner has not been forwarded and petitioner is not
being paid her DCRG which was sanctioned long back. By
order dated 22-09-2010 I directed as follows:
“There would be an interim
direction to the respondents to forward
the NLC/liability certificate in respect of
the petitioner to the appropriate officer
within a period of two weeks from today.
Post after two weeks”.
2. The learned Government Pleader submits that since
audit for the period in question has not been completed yet
NLC cannot be issued.
3. I have considered the rival contentions of the
petitioner. Admittedly, the petitioner retired from service
on 28-02-2007. If any liability is due from the petitioner has
to be fixed, within three years from that date Note 3 of Rule
W.P.(C). No.16379 OF 2010 2
3 of Part III of the Kerala Service Rules, which admittedly
has not been done. Therefore, no amount can now be
deducted from the DCRG of the petitioner. Accordingly,
there would be a direction to the respondents to release the
DCRG due to the petitioner within two seeks from the date
of receipt of a copy of this judgment. However this would
be without prejudice to the right of the respondents to
recover any liability that may be fixed if they have such
right under any other law, if the same can be done at this
point of time validly.
The writ petition is disposed of as above.
S.SIRI JAGAN,
JUDGE.
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