IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 25023 of 2007(D)
1. P.V. MATHAI,S/O. VARGHESE,
... Petitioner
Vs
1. THE KERALA STATE ROAD TRANSPORT
... Respondent
2. THE FINANACIAL ADVISOR AND CHIEF
3. THE ASST. ACCOUNTS OFFICER (PENSION
4. THE ASSISTANT TRANSPORT OFFICER,
5. THE DISTRICT TRANSPORT OFFICER,
For Petitioner :SRI.K.P.JUSTINE
For Respondent :SRI.K.PRABHAKARAN, SC, K.S.R.T.C.
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :14/11/2007
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J
-------------------
W.P.(C). 25023/2007
--------------------
Dated this the 14th day of November, 2007
JUDGMENT
Heard the learned counsel for the petitioner and the
learned Standing Counsel for the K.S.R.T.C.
2. Petitioner challenges Exts.P6 and P7.
3. Petitioner retired from service on 31.7.1999. Ext.P6
show cause notice is issued on 3.4.2003. Ext.P7 is issued
only on 14.9.2007. Obviously therefore, the liability of the
petitioner was not fixed within a period of three years
after his retirement. Even Ext.P6 show cause notice is
after the period of three years. Hence the fixation of
liability and recovery, if any, is unsustainable in view of
Rule 3 of KSR, Part-III, which applies to K.S.R.T.C
employees also.
4. In the result, Exts.P6 and P7 are quashed to the
extent they impose recoveries against the petitioner. As a
consequence it is directed that all retirement benefits due
W.P.(C).25023/2007
2
to the petitioner shall be released within an outer limit of
three months from the date of receipt of a copy of this
judgment.
The writ petition is disposed of as above.
THOTTATHIL B. RADHAKRISHNAN
Judge
mrcs