Allowed

Jayasree v. I.G. and Others

Kerala HC27 Jun 2008WP(C)/5870/2008

Case brief

AI extract

What is this about?

Petitioner, retired Sub Registrar, challenged non-recognition of liability and lack of notice before fixation of government dues via writ petition. Court directed payment of balance gratuity while reserving government's right for lawful recovery. Dispose of dismissal, followed.

What did the court decide?

Respondents directed to disburse balance Death cum Retirement Gratuity within one month; Government may recover certified liability per law.

Jayasree Vs I.G. and Others — Pension and Retirement Benefits | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.GIRI

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FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930

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WP(C).No. 5870 of 2008(W)

PETITIONER:

K.JAYASREE, RETD.SUB REGISTRAR, CHALAPPURAM, RESIDING AT THEJUS, 5/2975 A, NEAR BABY MEMORIAL HOSPITAL, THIRUTHIYAD, KOZHIKODE - 4.

BY ADV. SMT.P.V.ASHA

RESPONDENTS:

INSPECTOR GENERAL OF REGISTRATION, THIRUVANANTHAPURAM.

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DISTRICT REGISTRAR (GENERAL), KOZHIKODE

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SUB TREASURY OFFICER, PENSION PAYMENT TREASURY, CIVIL STATION, KOZHIKODE.

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BY GOVERNMENT PLEADER SMT.T.B.REMANI FOR R1.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5870 of 2008(W)

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PETITIONER'S EXHIBITS:-

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Ext.P1:Copy of the GPO No.P-02/OK/G/62695416 dated 3.3.2004. Ext.P2:Copy of the letter No.E2-7746/03 dated 1.1.07 of 2^nd respondent. Ext.P3:Copy of the letter No.E2-7746/03 dated 8.2.07 of 2^nd respondent.

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RESPONDENTS' EXHIBITS:- NIL.

( True copy )

PS TO JUDGE.

kvs/-

V.GIRI, J.

W.P.(C).No.5870 of 2008 W

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Dated this the 27^th day of June, 2008.

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JUDGMENT

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The petitioner retired from service as Sub Registrar. Ext.P1 is the Gratuity Payment Order issued on 3.3.2004 for an amount of Rs.1,68,750/-. Subsequently, by Ext.P2, a liability certificate is issued by the District Registrar, fixing an amount of Rs.64,751/- as the liability of the petitioner towards the Government. This was later revised to Rs.51,746/- by Ext.P3 dated 8.2.2007. By the time Ext.P3 was issued, more than 3 years had elapsed from the date of retirement of the petitioner. The petitioner submits that she was not given a notice proposing to fix the liability, prior to Exts.P2 and P3.

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In the counter affidavit filed by the respondents, reference is made to the intimation of certain audit objections. The petitioner has also, in paragraph 4 of the writ petition, stated that her remarks for the audit objections were called for and she had given a reply to the same. But, she categorically asserts that Exts.P2 and P3 were not preceded by a notice proposing fixation

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W.P.(C).NO.5870/08

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:: 2 ::

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of any liability and a hearing. That does not seem to be specifically controverted in the counter affidavit. The petitioner has filed a reply affidavit again reiterating her assertions that there was no notice before fixation of the liability within three years from the date of her retirement.

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In the result, the writ petition is disposed of as follows:

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The respondents are directed to disburse, to the petitioner, the balance amount due to her by way of Death cum Retirement Gratuity within a period of one month from the date of receipt of a copy of this judgment . It is made clear that this shall not stand in the way of the Government in taking appropriate steps for recovery of any amount due from the petitioner and certified as liability under Ext.P3, in accordance with law.

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Sd/- (V.GIRI) JUDGE

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sk/

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//true copy//

Jayasree v. I.G. and Others

Case brief

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Jayasree v. I.G. and Others

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