Decided on June 24,2003

K.BALAN Respondents


- (1.) The Judgment of the Court was delivered by Gafoor, J. - The delay in filing the appeal is condoned as per Order in C.M.P.No. 4885/1998. We heard the Government Pleader and Smt. Elizabeth Mathai Idiculla appearing for the respondent. This appeal is filed against the Judgment in O.P. 451/1998 p directing payment of the D.C.R.G. due to the petitioner less liability which has been fixed within three years of his retirement with 12 per cent interest with effect from 1st June 1990.
(2.) The respondent / writ petitioner retired on 31st May 1987. As per the G.O. No. (Rt.) No. 557/86 / PW and T dated 27th April 1986, liability of 4,400 had been fixed on the respondent. This was before the date of his retirement. By another order dated 13th July 1988, liability amounting to Rs. 4,179.23 had been fixed. According to Note 3 to R.3 of Part III K S.R., liability can be fixed within three years of retirement. But yet another liability of Rs. 15,696.98 has been fixed as per Ext. P1 G. O. (Rt) No. 496/91 / PW and T, dated 12th April 1991. Accordingly, learned Single Judge quashed fixation of the liability as per Ext. P1 and directed the payment of D.C.R.G. and upholding the liability fixed as per the orders dated 27th April 1986 and 13th July 1988. Learned Single Judge also directed payment of the balance amount with 12 per cent interest from 1st June 1990 onwards, the date of completion of 3 years of the retirement of the respondent, as no liability could have been fixed, thereafter.
(3.) In the impugned Judgment it is contended that show cause notice has been issued on the respondent within 3 years period made mention of in Note 3 to R.3, Part III of K.S.R. and Ext. P - 1 is the culmination of the proceedings initiated in terms of the said notice. Therefore quantification in terms of Ext. P - 1 shall be taken as one made within the period of three years.;

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