IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 28125 of 2006(W)
1. A.V.PRATHAPAN, (RETD.ADMINISTRATIVE
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. DIRECTOR OF HEALTH SERVICES,
3. ACCOUNTANT GENERAL (A&E),
4. SUB TREASURY OFFICER,
For Petitioner :SMT.P.V.ASHA
For Respondent : No Appearance
The Hon'ble MR. Justice K.K.DENESAN
Dated :16/01/2007
O R D E R
K.K. DENESAN, J.
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W.P.(C) No. 28125 OF 2006 W
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Dated this the 16th January, 2007
J U D G M E N T
The petitioner retired from service on 31-1-2005
while working as Administrative Assistant in the office
of the District Medical Officer, Idukki. The Director
of Health Services accorded sanction for payment of the
pensionary claims vide Ext. P1 proceedings dated
4-5-2005. The Accountant General issued pension
payment order as also gratuity payment order on 31-5-
2005. Commutation value of pension and monthly pension
have been paid to the petitioner. But, D.C.R.G.
determined as Rs.1,99,948/- less Rs. 28,297/- towards
house building advance is yet to be paid.
Subsequently, D.C.R.G. has been revised. Thus a sum of
Rs.2,80,000/- as authorised by the Accountant General
is due for payment towards D.C.R.G. The petitioner
submits that no proceedings are pending against him
either as departmental action or judicial proceedings.
Therefore, there is no justification to delay payment
of D.C.R.G.
2. Notice has been served on the respondents. But
WPC No. 28125/2006 -2-
no counter affidavit has been filed.
3. Considering the submissions made by the counsel
for the petitioner on the one hand and the Govt.
Pleader for the respondents on the other and on
perusing the materials on record, I am of the opinion
that the petitioner is entitled to get the following
reliefs:-
4. The respondents shall pay the sum of
Rs.2,80,000/- towards D.C.R.G. within six weeks from
the date of receipt of a copy of the judgment. The
petitioner will be free to make a claim for payment of
interest for the delayed payment from the respondents.
On receipt of a representation from him, the Director
of Health Services shall consider the same, take
appropriate decision and communicate the order to the
petitioner within six weeks from the date of receipt of
the representation.
The writ petition is disposed of as above.
K.K. DENESAN
JUDGE
jan/