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A. RAMAKRISHNAN NAIR versus STATE OF KERALA

High Court of Kerala

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A. RAMAKRISHNAN NAIR v. STATE OF KERALA - OP No. 27257 of 2002(T) [2006] RD-KL 1294 (19 October 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 27257 of 2002(T)

1. A.RAMAKRISHNAN NAIR, RTD FOREST GUARD,
... Petitioner

Vs

1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent

2. THE CHIEF CONSERVATOR OF FORESTS,

For Petitioner :SRI.C.V.SHAJU

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :19/10/2006

O R D E R

KURIAN JOSEPH, J.

O.P.No.27257 OF 2002

Dated this the 19th October, 2006



J U D G M E N T

Petitioner who retired from service on 31.5.1996 is aggrieved since steps have been taken to cast some liability on him after five years of retirement. The impugned Ext.P1 memo of charges was served on the petitioner on 6.7.1996. Based on Ext.P1, Ext.P2 order has been passed by the Chief Conservator fixing the liability to the tune of Rs. 57,229/-. That order is dated 9.7.2001. It is now settled law that no liability can be fixed on a pensioner so as to recover it from his DCRG unless the same is quantified and fixed within three years of retirement. In this case, retirement is on31.5.1996, Ext.P2 order which fixed the liability is on 9.7.2001. Thus, there cannot be any recovery from the DCRG based on Ext.P2. Ext.P2 and consequently Ext.P5 are quashed. There will be a direction to the respondents to release the withhold amount from the DCRG with 8% interest from 1.6.1999, after the period of three years of retirement. This shall be done within a period of three months from the date of production of a copy of this judgment. The writ petition is disposed of as above.

(KURIAN JOSEPH, JUDGE)

ps 2

KURIAN JOSEPH, J.

O.P.No.27257/2002

JUDGMENT

19th October, 2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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