IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36175 of 2008(F)
1. ANNAKUTTY AUGUSTINE, W/O.LATE AUGUSTINE
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY SECRETARY
... Respondent
2. THE DIRECTOR,
3. THE DIRECTOR OF HEALTH SERVICES,
4. THE SUPERINTENDENT, MEDICAL COLLEGE
5. THE ACCOUNTANT GENERALA,
6. THE STORE SUPERINTENDENT DISTRICT
For Petitioner :SRI.MILLU DANDAPANI
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :05/08/2010
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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W.P.(C).No.36175 of 2008-F
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Dated this the 5th day of August, 2010.
Judgment
1.The petitioner is the widow of Augustine Thomas
who retired from Government service on 30.11.2002
on superannuation. He worked as Store
Superintendent in the District Medical Stores,
Thiruvananthapuram. He died on 13.10.2007.
2.On 29.6.2004, the VACB registered a case under
Section 13(2) read with Section 13(1)(d) of the
Prevention of Corruption Act, 1988 and Section
120B IPC against the six persons, including
Augustine Thomas. Former Director of Health
Services, Former Additional Director of Health
Services and former District Medical Officer of
Health Services were among the six accused.
3.The counter affidavit tries to show that on
conclusion of investigation, the matter was
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pending with the Government for issuance of
sanction for prosecution of the officers. The
respondents have, quite rightly, conceded in the
counter affidavit that no action in criminal
jurisdiction could be had against Augustine
Thomas since the proceedings against him in that
regard stands abated on his death.
4.The aforesaid facts would disclose that if at all
the Government could have taken any action for
recovery of any amounts from the DCRG or other
retiral benefits as amounts due to Government on
account of liabilities, the same cannot be had at
this point of time in view of the different
provisions of Kerala Service Rules, in
particular, Rule 116 of Part III thereof. It is
the admitted case, going by the counter
affidavit, that no action for recovery was
initiated at any point of time, though the
respondents have averred in the counter affidavit
that Augustine Thomas was liable to make good the
loss sustained by the Government. While the
WPC36175/08 -: 3 :-
Government would be at liberty to take
appropriate action, if any available in
accordance with law before the appropriate
authorities or courts, the petitioner is entitled
to be paid all withheld outstandings by way of
pension, arrears of pension, balance DCRG etc.
In the result, without prejudice to the
Government’s contention as against Augustine
Thomas’s estate for any loss, recoverable in
accordance with law, this writ petition is
allowed directing that all outstandings due to
late Augustine Thomas by way of DCRG, Commuted
Value of Pension, leave surrender, any life time
arrears of pension etc. be released to the
petitioner, with interest thereon in terms of the
Rules and Government Decisions in that regard,
provided her claim is otherwise in accordance
with law. Let this be done within three months
from the date of receipt of a copy of this
judgment.
THOTTATHIL B.RADHAKRISHNAN,
Sha/1008 JUDGE.