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2025 DIGILAW 1592 (KER)

K. Premachandran v. State of Kerala Represented By The Principal Secretary To Government, Local Self Government Department, Government Secretariat

2025-06-05

A.MUHAMED MUSTAQUE, JOHNSON JOHN

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JUDGMENT : A.Muhamed Mustaque, J. This Original Petition is at the instance of the applicant before the Tribunal in O.A. No. 761 of 2018. The petitioner retired from the service as Municipal Secretary, Local Self Government Department, Kerala, on 31.03.2016. He was not paid DCRG for the reason that disciplinary proceedings were pending. Later, disciplinary proceedings were dropped on 29.04.2017 and thereafter, his retirement benefits were sanctioned as per order dated 25.05.2017. 2. However, the benefits were not given for the reason that there was delay in issuing ‘No Liability Certificate’. The ‘No Liability Certificate’ was later issued on 27.10.2017 with certain objection that an amount of Rs.2,33,879/- will have to be withheld from the DCRG. A surcharge certificate was issued on 12.12.2017 and the same was set aside by the District Court, Kollam. Anyway, ultimately, DCRG appears to have been paid. 3. The petitioner approached the Tribunal seeking a relief for disbursal of DCRG along with 18% interest and the Tribunal passed the following order: “In view of the above, the Original Application is disposed of with the following directions: (a) Considering that the disciplinary action against the applicant was dropped on 29-4-2017, there will be a direction to the 1 st respondent to pay interest at the rate of 7% from 1-8-2017 till the date of payment. b) There will also be a direction to release the withheld amount of Rs.1,02,612/-, as the above liability has been set aside by Annexure-A18 order. © The above directions will be complied with within three months of receipt of a certified copy of this order.” The Tribunal passed the impugned order on 18.11.2019. The petitioner came with the Original Petition before this Court on 28.05.2025. Nearly six years have elapsed after the judgment of the Tribunal. 4. The learned counsel for the petitioner submitted that due to the latches on the part of the counsel who handled the matter before the Tribunal, he could not challenge the order of the Tribunal. We are not impressed with this petition, even though there is no limitation prescribed for filing the Original Petition under Article 227 of the Constitution of India. The applicant before the Tribunal is not diligent enough and no sufficient cause is made out for the delay in filing the Original Petition and therefore, we are not inclined to entertain this Original Petition. The applicant before the Tribunal is not diligent enough and no sufficient cause is made out for the delay in filing the Original Petition and therefore, we are not inclined to entertain this Original Petition. Accordingly, this Original Petition stands dismissed in limine for the delay and latches.