High Court Kerala High Court

V.A.Mohammed Sali vs State Of Kerala on 2 December, 2009

Kerala High Court
V.A.Mohammed Sali vs State Of Kerala on 2 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 32773 of 2008(B)


1. V.A.MOHAMMED SALI, S/O.ASAMIYA LEBBA,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY SECRETARY
                       ...       Respondent

2. THE KERALA STATE HOUSING BOARD,

3. SECRETARY, KERALA STATE HOUSING BOARD,

4. THE EXECUTIVE ENGINEER, K.S.H.B.,

                For Petitioner  :SRI.K.S.HARIHARAPUTHRAN

                For Respondent  :POOVAPPALLY M.RAMACHANDRAN NAIR,SC.KSHB

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :02/12/2009

 O R D E R
                        ANTONY DOMINIC, J.
                      ================
                  W.P.(C) NO. 32773 OF 2008 (B)
                 =====================

           Dated this the 2nd day of December, 2009

                           J U D G M E N T

Petitioner retired from the Kerala State Housing Board as

Assistant Secretary on 31/5/2006. As at present, his DCRG is not

released and he is getting only provisional pension. It is with

these grievances, the writ petition is filed.

2. In so far as the non payment of DCRG is concerned,

two reasons are stated in the counter affidavit. One is about the

pendency of a vigilance enquiry initiated in 2002 and the other is

that the petitioner owes a liability of Rs.3,16,348/- to the Board.

Admittedly, more than 3 years have expired since the retirement

of the petitioner. If that be so, there cannot be any fixation of

liability at this distance of time, as the time limit of three years

prescribed in Note 2 to Rule 3 Part III KSR has already expired.

Therefore, the pendency of the vigilance enquiry cannot stand in

the way of the respondents settling the DCRG dues to the

petitioner, but however, after effecting recovery of Rs.3,16,348/-

indicated in the counter affidavit. Therefore, respondents are

directed to release the balance DCRG, if any, due to the petitioner

WPC 32773/08
:2 :

on the production of a copy of this judgment.

3. In so far as pension is concerned, admittedly, there

were two vigilance enquiries against the petitioner, out of

which,one enquiry in relation to the alleged irregularities of the

Palakkad Office is over and the petitioner seems to have been

exonerated. What remains is the other enquiry in relation to his

tenure at Alleppey, which was initiated in 2002. Having regard to

the above, the petitioner will have to await the completion of the

said enquiry for full pension.

Writ petition is therefore disposed of directing that the

DCRG due shall be released to the petitioner as directed above.

ANTONY DOMINIC, JUDGE
Rp