Shaffique, J.

Since common questions arise for consideration in these appeals, the same are decided together.

2. The issue involved is regarding the application of Rule 3A(a) of Part III Kerala Service Rules (for short KSR) and the correctness of the judgment in Aravindaksha Panicker v. Accountant General (2007 (4) KLT 1031).

3. Writ Appeal 1396/2010 arises from the judgment dated 19/5/2010 in WP(C) No.23882/2007. Writ petition is filed by the respondent in the appeal, (hereinafter referred to as the petitioner), claiming payment of Death cum Retirement Gratuity (for short DCRG). He retired from service on superannuation on 31/12/2002. DCRG was not paid on the ground that disciplinary proceedings were pending against him. He submitted that though he was placed under suspension on 22/6/1999, he was reinstated on 29/12/1999. No enquiry was conducted and no report was available. It was his contention that by virtue of Note 3 to Rule 3 of Part III KSR, as no liability has been fastened on him after a period of three years from the date of retirement, he was entitled to the DCRG amount along with 12% interest.

4. Statement was filed on behalf of 2nd respondent contending that an a