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2023 Supreme(Ker) 323

MURALI PURUSHOTHAMAN
K. Rajendra Prasad, Regional State Engineer (RETD), Kerala State Housing Board – Appellant
Versus
State Of Kerala, represented by The Chief Secretary – Respondent


Advocates Appeared:
For the Petitioner: Sri. Rajan Joseph, Sri. Koshy George.
For the Respondents: Sri. C.N. Prabhakaran, Sri. George Boban, Sri. K. Denny Devassy, Sri. Manoj Ramaswamy, T.K. Sajeev.

JUDGMENT :

1. The petitioner retired as Regional Engineer from the Kerala State Housing Board (for short, 'the Board') on 31.05.2002. The 3rd respondent, the Secretary of the Board, by proceedings dated 20.05.2006, sanctioned the pensionary benefits of the petitioner; but withheld his DCRG amounting to Rs.2,57,400/- and also the last pay for the month of May, 2002 amounting to Rs.21,712/- towards his liability on account of audit objections. Aggrieved by the withholding of DCRG, the petitioner approached this Court and this Court, by Ext.P1 judgment, directed the Board to disburse the DCRG withheld, together with the salary for the month May, 2002 within a period of one month from the date of receipt of the judgment. The entitlement of the petitioner to claim interest for the delay in disbursement of DCRG and pay for last month was left open. Pursuant to Ext.P1 judgment, the Secretary of the Board, by Ext.P2 proceedings dated 04.04.2012, accorded sanction for payment of DCRG and the last month's pay.

2. According to the petitioner, the DCRG was determined and disbursed to him as per the 'then existing rule' and in view of the amendment introduced to section 4(3) of the Payment of Gr

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