E.P. FRANCIS, AGED 61 YEARS versus THE DIRECTOR URBAN AFFAIRS

High Court of Kerala

Indian Supreme Court Cases / Judgements / Legislation

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E.P. FRANCIS, AGED 61 YEARS v. THE DIRECTOR URBAN AFFAIRS - WP(C) No. 21132 of 2005(N) [2007] RD-KL 14647 (1 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 21132 of 2005(N)

1. E.P. FRANCIS, AGED 61 YEARS,
... Petitioner

Vs

1. THE DIRECTOR URBAN AFFAIRS
... Respondent

2. THE SECRETARY, MUNICIPAL COUNCIL

3. THE STATE OF KERALA, REPRESENTED BY

For Petitioner :SRI.P.C.SEBASTIAN

For Respondent :SRI.V.M.KURIAN

The Hon'ble MR. Justice ANTONY DOMINIC

Dated :01/08/2007

O R D E R

ANTONY DOMINIC, J.

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W.P.(C) NO.21132 OF 2005
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Dated this the 1st day of August, 2007

J U D G M E N T

The petitioner was a Revenue Officer working in the Aluva Municipality and retired on superannuation w.e.f. 30/6/99. He is challenging Ext.P9 order dated 31/5/05 issued by the first respondent fixing his liability to the extent of Rs.98,382 . The ground on which it is challenged is that, the liability has been fixed in violation of Note 3 under Rule 3 Part III of KSR, in as much as it is beyond the three year period prescribed therein. This contention is unassailable and on that ground petitioner is entitled to succeed. Ext.P9 will stand quashed, but however without prejudice to the right of the respondents to recover the said amount by other means as is permissible under law. Writ petition is disposed of as above.

ANTONY DOMINIC, JUDGE.

Rp 

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