Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN WEDNESDAY, THE 31ST DAY OF JULY 2024 / 9TH SRAVANA, 1946 WP(C) NO. 22573 OF 2024 PETITIONER: A.M. SHANAVAS, AGED 65 YEARS, HAMD, ALINA PARAMBIL, KURIKKOTH CANAL ROADKUNJUNNIKKARA, ULIYANNUR, ALUVA, ERNAKULAM, PIN - 683108. BY ADVS. V.T.RAGHUNATH C.V.RAJALAKSHMI CINCY T. FRANCIS RESPONDENTS: 1 GREATER COCHIN DEVELOPMENT AUTHORITY , REPRESENTED BY ITS SECRETARY KADAVANTHRA, KOCHI, PIN - 682020. 2 SECRETARY, GREATER COCHIN DEVELOPMENT AUTHORITY, KADAVANTHRA, KOCHI, PIN - 682020. BY SMT.T.N.SREEKALA - STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The petitioner retired from the service of the first respondent Greater Cochin Development Authority (GCDA) on 31.05.2015 while working as Assistant Engineer (Civil). The grievance of the petitioner is that the Death cum Retirement Gratuity (DCRG) and the Pay Revision Benefits as per the recommendation of the 10th Pay Commission are not so far disbursed to him.
2. A counter affidavit has been filed on behalf of the
respondents wherein it is stated that the petitioner has not submitted authentic bills to regularize the advance amount of Rs.19,500/- received from the GCDA for installation of a borewell in connection with the inauguration of the Multi Media Laser Show at Rajendra Maidhan, Ernakulam. It is also stated that the petitioner has not returned certain measurement books in his possession making it difficult to assess the liability. It is further stated that the DCRG due to the petitioner can be released after obtaining liability reports from all the Departments of GCDA. As regards the fixation of Pay as per the 10 th Pay Commission Report, it is stated that a clarification has been sought for from the Government as per Ext. R2 (b) letter dated 14.02.2024 and the benefits will be disbursed to the petitioner once clarification is obtained from the Government.
3. Heard Sri. Raghunath V.T, the learned counsel for the petitioner and Smt. Sreekala T.N, the learned counsel for the respondents.
4. The petitioner retired from service on 31.05.2015. Even
after 9 years of his retirement, the DCRG is not paid to him. In the counter affidavit filed on behalf of the respondents, it is stated that the DCRG is not released since the petitioner has not submitted authentic bills for an amount of Rs.19,500/- received by him as advance towards the installation of a borewell and that he has not returned certain measurement books in his possession.
5. Rule 22 of the Kerala Town and Country Planning
(Development Authority) Rules, 2015 provides that the provisions of the Kerala Service Rules shall mutatis mutandis apply to the officers and employees of Development Authority. Rulings 5 and 6 of Rule 116 of Part III of Kerala Service Rules read as follows:-
“Ruling 5: In all cases where the liabilities could not be assessed and fixed before retirement of the Government employees, efforts should be made to assess and adjust the recoverable dues within a period of one year from the date of retirement of the Government employee concerned. If in any case, the liability could not be assessed and adjusted within one year the amount withheld from the death-cum-retirement gratuity or the surety bond or cash deposit accepted under paragraph (1) or (3) above will be released. Disciplinary action shall be taken against the employees responsible for the failure to assess and adjust the liabilities within the prescribed period. Ruling 6:- If in any case the amount withheld on the death- cum-retirement gratuity or the cash deposit, or the surety bond taken from the employee has been released on the expiry of one year after the date of retirement without the liabilities being finalised and adjusted, or it is not adequate to cover the liabilities finally fixed, action will be taken against him under Rule 3 of Part III, Kerala Service Rules to make up the loss by withholding, withdrawing or effecting recoveries from the pension sanctioned. If action under Rule 3 ibid is not possible due to the expiry of the time limit prescribed for such action, or due to any other reason, the retired employee will be proceeded against in a Civil Court for recovering the pecuniary loss caused to Government.”
6. The liabilities, if any, of the petitioner were not
assessed and fixed by the GCDA before his retirement. No proceedings under Rule 3 Part III of KSR was initiated against him for recovery of any pecuniary loss within the period of three years from the date of retirement. The DCRG is not released to the petitioner even after 9 years of his retirement. There is no justification in delaying the disbursement of DCRG to the
petitioner. Accordingly, there will be a direction to the respondents to disburse the DCRG due to the petitioner with interest at 6% per annum from 01.08.2015 as expeditiously as possible, at any rate, within a period of two months from the date of the receipt of a copy of this judgment. It will be open to the respondents to avail any remedy as may be available in law for recovery of any pecuniary loss caused by him to the GCDA. As regards the payment of the Pay Revision benefits as per the recommendation of the 10th Pay Commission, steps shall be taken for disbursement of the same within a period of three
months from the date of receipt of a copy of this judgment
subject to the clarification, if any, sought to be obtained from the Government. The writ petition is disposed of. Sd/- MURALI PURUSHOTHAMAN Pvv JUDGE APPENDIX OF WP(C) 22573/2024 PETITIONER EXHIBITS EXHIBIT P1 EXHIBIT.P1. TRUE COPY OF THE LETTER NO. 5984/E3/ 2014/GCDA DATED 03.08.2015 ISSUED BY THE SECRETARY GCDA TO THE PETITIONER EXHIBIT P2 EXHIBIT.P2. TRUE COPY OF THE LETTER NO. 5984/E3/ 2014/GCDA DATED 28.05.2016 BY THE EXHIBIT P3 EXHIBIT.P3. TRUE COPY OF THE LETTER NO. 5984/E3/ 14/GCDA DATED 19.02.2019 BY THE EXHIBIT P4 EXHIBIT.P4 TRUE COPY OF THE LETTER DATED 15.03.2021 ISSUED BY THE PETITIONER TO THE SECRETARY GCDA. EXHIBIT P5 EXHIBIT P5 TRUE COPY OF THE LETTER NO. E3/5984/ 14/GCDA DATED 02.09.2021 BY THE RESPONDENT EXHIBITS EXHIBIT R2(A) TRUE COPY OF THE NOTE SHEET CONTAINING THE CHARGE HANDING OVER REPORT OF THE PETITIONER EXHIBIT R2(B) TRUE COPY OF THE LETTER NO.869/ESTTA-