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K.M.ROSY, RETIRED LADY HEALTH INSPECTOR versus STATE OF KERALA

High Court of Kerala

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K.M.ROSY, RETIRED LADY HEALTH INSPECTOR v. STATE OF KERALA-REPRESENTED BY THE - OP No. 15529 of 2003(W) [2006] RD-KL 3053 (11 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 15529 of 2003(W)

1. K.M.ROSY, RETIRED LADY HEALTH INSPECTOR,
... Petitioner

Vs

1. STATE OF KERALA-REPRESENTED BY THE
... Respondent

2. THE DIRECTOR OF HEALTH SERVICES,

3. THE DISTRICT MEDICAL OFFICER OF HEALTH,

For Petitioner :SRI.C.S.ABDUL SAMMAD

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :11/12/2006

O R D E R

KURIAN JOSEPH, J.

O.P. NO. 15529 OF 2003

Dated this the 11th day of December, 2006



J U D G M E N T

The essential grievance of the petitioner is on Ext.P2 audit objection. Petitioner retired from service on 31.5.00. The objection is raised in March 2001. It is seen that the controlling authority, namely the District Medical Officer, has furnished Ext.P3 reply to the Accountant General that the fixation is only a matter of procedural irregularity and hence the objection could be dropped. The stand taken in he counter affidavit is that the Accountant General cannot admit the remarks of the controlling officer. The Accountant General is not on the party array. Be that as it may. The objection is after the retirement of the petitioner. Even according to the 3rd respondent the alleged wrong fixation is only a matter of procedural irregularity, which can be cured by permitting the petitioner to submit a re-option so as to get over the audit objection. Hence there is no point in pursuing the matter any further. There will be a direction to the respondents to accept the option filed by the petitioner in terms of the Govt. Order dated 26.2.90 as stated in Ext.P3 and close the file. The withheld gratuity shall be refunded to the petitioner, within a period of three months from the date of receipt of a copy of this judgment. The original petition is disposed of as above.

KURIAN JOSEPH, JUDGE

vps

KURIAN JOSEPH, JUDGE

OP NO.15529/03

JUDGMENT

11th DECEMBER, 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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