High Court Kerala High Court

Annakutty Augustine vs State Of Kerala Represented By … on 5 August, 2010

Kerala High Court
Annakutty Augustine vs State Of Kerala Represented By … on 5 August, 2010
       

  

  

 
 
  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

WPC36175/08 -: 2 :-

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.