High Court Kerala High Court

State Of Kerala vs M.Balakrishnan on 14 January, 2008

Kerala High Court
State Of Kerala vs M.Balakrishnan on 14 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP No. 1229 of 2007(T)


1. STATE OF KERALA, EP. BY SECRETARY
                      ...  Petitioner
2. THE INSPECTOR GENERAL OF REGISTRATION'
3. THE SUB REGISTRAR, KODALY,

                        Vs



1. M.BALAKRISHNAN, HEAD CLERK (RETIRED)
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.K.JAJU BABU

The Hon'ble MR. Justice V.GIRI

 Dated :14/01/2008

 O R D E R
                                V.GIRI, J

                              -------------------

                             R.P.1229/2007

                              --------------------

           Dated this  the  14th  day of January, 2008


                              JUDGMENT

The operative direction in the judgment dated

7.9.2007 to the respondents is only to disburse the

amount found due and admissible by way of DCRG and

arrears of salary. Exts.P4 and P6 orders referred to

therein shows the petitioner as Sub Registrar. R.P is

filed only on two aspects. Firstly liability as regards the

petitioner is concerned is yet to be finalized. Secondly

though the petitioner had been retired as Head Clerk,

this aspect was not noticed in Exts.P4 and P6.

2. In so far as the first aspect is concerned, direction

was only to disburse the amount which is found due and

admissible provided there is no liability fixed on the

petitioner. This means that if liability is fixed, disbursal

can only be of the amount due and admissible as DCRG

less the amount fixed as liability. No further clarification

is necessary in this regard.

R.P.1229/2007

2

In so far as the contention that Ext.P4 and P6 did

not reflect the petitioner’s status as Head Clerk, is

concerned, I am of the view, that this could only be

treated as an error that would be amenable to

correction by the appropriate authority. Subject to

these observations, Review Petition is disposed of.

V.GIRI,

Judge

mrcs