Important points:
Liability fixation process has not been completed by issuance of show cause notice and hearing the teacher concerned/pensioner concerned within a period of three years from the date of retirement and hence the impugned proceedings for recovery from the DCRG amount is illegal and ultra-vires.

JUDGMENT :

ALEXANDER THOMAS, J.

1. The State of Kerala and four others have instituted this original petition under Articles 226 and 227 of the Constitution of India with the following prayers (See Page No. 13 of the paper-book of this original petition):

“1. To set aside the Exhibit P3 Order of the Kerala Administrative Tribunal in O.A. 2210/2018.

2. To dismiss the Exhibit P1 Original Application No. 2210/2018 filed by the Petitioner before the Kerala Administrative Tribunal, holding that the Petitioner is not eligible for any of the reliefs claimed in the Exhibit P1 Original Application.

3. Any other order or direction as this Honourable Court may deem fit and proper in the facts and circumstances of the case.”

2. Heard Sri. B. Vinod, learned Senior Government Pleader appearing for the petitioners (State of Kerala and Others)/respondents 1 to 5 in the OA before the Tribunal and Sri. Rajesh P. Nair, learned Advocate appearing for the sole respondent in the OP/original applicant before the Tribunal.

3. The applicant's husband, Sri. Saseendra Babu had retired from service as Associate Professor in Botany from the University College, Thiruvananthapuram (which is a Government owned College) on 31.03.2012. The said pensioner had later died on 10.04.2017. The complaint of the original applicant, who is the widow of the deceased pensioner, is that so far the DCRG due to the pensioner has not been paid, in spite of the expiry of the outer time limit of three years as envisaged in Note 3 appended to Rule 3 of Part III KSR. The deceased husband of the original applicant will be referred to hereinafter for convenience as the teacher.

4. While the teacher concerned was working as Selection Grade Lecturer in Botany in the University College, Thiruvananthapuram, he was selected for deputation to undergo Doctor of Philosophy (Ph.D.) under the Fellowship Improvement Programme (FIP) of the UGC (University Grants Commission) for the period from 2.11.2004 to 2.11.2006. Consequent thereto, he was relieved from the Universality College, Thiruvananthapuram with effect from 2.11.2004 A.N. in order to join the FIP Programme as can be seen from Annexure A1 relieving order dated 2.11.2004. It is also common ground that the competent authority of the State Government in the Higher Education Department had also sanctioned his deputation as per Annexure A2 G.O. (Rt) No. 285/2005/H.Edn. dated 21.2.2005. It appears that no substitute Lecturer/teacher was appointed in his vacancy consequent to his deputation to undergo the Ph.D. as per the FIP Programme. The teacher concerned had earlier executed a bond in terms of Annexure A3 dated 28.2.2005. It is the case of the original applicant that her deceased husband had fulfilled all the conditions for submitting the thesis, but he failed to submit the same in time, for reasons beyond his control and as such he could not secure the Ph.D. Degree within the stipulated time. Later, a further period of five months was also granted to him under the FIP programme for the period from 2.11.2006 to 31.3.2007 for which Annexure A4 supplemental agreement dated 2.2.2007 was also executed by him. It is also beyond any dispute that the teacher concerned had formally joined duty in the College concerned after the completion of the FIP Programme, but he could not secure Ph.D. Degree. It is later that the teacher had retired from service as Associate Professor in Botany from the University College, Thiruvananthapuram on 31.03.2012. After retirement, he was sanctioned various retiral benefits and DCRG amount of Rs. 7 lakhs was sanctioned to him as per Annexure A5 dated 15.10.2012. However, the said amount of DCRG sanctioned to him as per Annexure A5 has not been released so far. In that regard, it may also noteworthy to mention that just prior to the completion of the deputation period, the teacher had requested to join in his parent institution and he was re-appointed in the University College, Thiruvananthapuram with effect from 01.04.20