Pareed Pillay, J.

Appeal is by the State. The original petition was filed by the respondent for a writ of mandamus compelling the appellants to issue Non-liability Certificate so as to enable him to draw the gratuity and also for a direction for payment of interest at 15% with effect from 1-4-1988. The learned Single Judge holding that unilateral fixation of the' liability at Rs. 18,663/- by the appellants is illegal, unjust and contrary to Rr. 3 and 116 Part III of Kerala Service Rules allowed the Original Petition and directed the appellants to disburse the entire death-cum-retirement gratuity amount to the respondent with 12% interest from 1-6-1989 to the actual date of payment.

2. Appellants' contention is that the respondent has caused loss of Rs. 18,663/- as found by the Department and accordingly Liability Certificate was issued to him by the Director of Health Services on 11-10-1989. Appellants maintain that failure to issue notice before fixing the liability to the respondent amounts only to a technical defect to be ignored and respondent cannot advantageously make any claim on that score.

3. Since the relief claimed is with respect to death-cum-retirement gratuit