IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3315 of 2009(T)
1. K.J.GEORGE,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY SECRETARY TO
... Respondent
2. DIRECTOR OF HEALTH SERVICES
3. DIRECTOR OF MEDICAL EDUCATION
For Petitioner :SRI.C.S.ABDUL SAMMAD
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :28/05/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) NO. 3315 OF 2009 (T)
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Dated this the 28th day of May, 2010
J U D G M E N T
Petitioner retired from service as a Lay Secretary and
Treasurer on 31/5/2004 while working at the Institute of Child
Health, Medical College, Kottayam. His grievance is that, so far,
his DCRG due has not been disbursed. Complaining of this, the
writ petition is filed.
2. Admittedly, the petitioner has retired on 31/5/2004.
The three year period for fixation of liability as specified in Note 3
to Rule 3 of Part III KSR has expired long ago, and as the liability
has not been fixed so far, there is no justification for the non
disbursement of DCRG.
Therefore, the writ petition is disposed of directing the 2nd
respondent to disburse the DCRG due to the petitioner, if no
liability has not been fixed so far, with notice to the petitioner.
This shall be done within two months of production of a copy of
this judgment. It is clarified that this judgment shall not stand in
the way of the respondents in fixing the liability and recover the
money in accordance with law.
ANTONY DOMINIC, JUDGE
Rp