Petitioner who has retired on 30-6-1990 from the service of the 4th respondent as Appellate Assistant Commissioner, Kannur on superannuation challenges decision taken by the Government to initiate judicial proceedings against him under R.3 of Part III of the Kerala Service Rules. He also seeks a declaration that the amendment to Cl.(c) of the proviso to R.3 part III of the K.S.R. as evidenced by Ext. P13 notification would not govern persons who have already retired from service prior to the date of notification. The petitioner would further contend that, he is entitled to have full pension and death-cum¬retirement gratuity and all other racial benefits due to him disbursed forthwith with interest at the rate of 18% per annum.

2. As per letter dated 5-10-1990 the 2nd respondent had admitted to the petitioner an amount of Rs. 1479/- towards pension and Rs. 48800/- towards death-cum-retirement gratuity. The amount of pension commuted and commuted value of pension were fixed as Rs. 591/- and Rs. 8991/- respectively. Since, there was delay in disbursal of the amount, the petitioner submitted representation dated 23-12-1990 and later Ext. P2 dated 4-2-1991. Non-liability cert