IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 3263 of 2006(L) ------------------------- PETITIONER: ------------ PHILOMINA JOSEPH, VARICKAPLAKAL HOUSE, CHOTTANIKKARA P.O. ERNAKAULAM, HEADMISTRESS, RETIRED FROM GOVT.BOYS HIGH SCHOOL, TRIPUNITHURA. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. ADDL.R4 & R5 IMPLEADED: ADDL. R4. THE DEPUTY TAHSILDAR (RR), KANAYANNUR TALUK, ERNAKULAM. ADDL.R4 IS IMPLEADED VIDE ORDER DATED 19.7.2007 ON IA NO.9653/2007. ADDL.R5 THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM. ADDL.R5 IS IMPLEADED VIDE ORDER DATED 23.7.2007 ON IA NO.10062/2007 BY GOVERNMENT PLEADER SMT. T.B.REMANY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WP(C) No.3263/2006 PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER OF THE ACCOUNTANT GENERAL DATED 20.7.04 EXT.P2 TRUE COPY OF THE ORDER DATED 29.10.2003 OF THE ACCOUNTANT GENERAL EXT.P3 TRUE COPY OF THE ACQUITTANCE REGISTER MAINTAINED IN THE GOVT. GIRLS HIGHER SECONDARY SCHOOL, VAIKOM, EVIDENCING THE PAYMENT OF SC/ST GRANT EXT.P4 TRUE COPY OF THE RECEIT DATED 20.8.1999 ISSUED BY RADHIKA V NAIR FOR RS.1320/- TOWARDS REMUNERATION FOR GIVING COMPUTER EDUCATION EXT.P4(a) -DO- DATED 3.11.1999 -DO- FOR A SUM OF RS.1,470/- EXT.P4(b) TRUE COPY OF THE RECEIPT DATED 10.11.1999 ISSUED BY VINI MOHAN TOWARDS HER SALARY FOR A SUM OF RS.2,000/- EXT.P4(c) TRUE COPY OF THE RECEIPT DATED 22.12.1999 ISSUED BY RADHIKA V. NAIR FOR A SUM OF RS.1,110/- TOWARDS REMUNERATION FOR IMPARTING COMPUTER EDUCATION EXT.P4(d) -DO- DATED 29.2.2000 FOR A SUM OF RS.1,290/- TOWARDS REMUNERATION FOR THE MONTHS OF JANUARY AND FEBRUARY 2000 EXT.P4(e) TRUE COPY OF THE RECEPT DATED 29.2.2000 ISSUED BY JASMIN JOSEPH COMPUTER INSTRUCTOR, FOR RS.1,530/- EXT.P4(f) -DO- DATED 31.10.2000 -DO- FOR RS.1,650/- EXT.P4(g) -DO- DATED 31.1.2001 -DO- FOR RS.3,690/- EXT.P4(h) -DO- DATED 28.2.2001 -DO- FOR RS.840/- EXT.P5 TRUE COPY OF THE ORDER DATED 10.3.2003 IN CMP NO.12368/2003 IN OP NO.7068/2003 EXT.P6 TRUE COPY OF THE ORDER DATED 24.3.2003 ISSUED BY THE SECOND RESPONDENT EXT.P7 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 27.12.2000 ISSUED BY THE SECOND RESPONDENT EXT.P8 TRUE COPY OF THE REPLY TO EXT.P7 SUBMITTED BY THE PETITIONER EXT.P9 TRUE COPY OF THE ORDER DATED 21.3.2003 ISSUED BY THE SECOND RESPONDENT EXT.P10 TRUE COPY OF THE NOTICE DATED 18.7.2005 ISSUED BY THE THIRD RESPONDENT EXT.P11 TRUE COPY OF THE NOTICE DATED 15.11.2005 ISSUED BY THE THIRD RESPONDENT EXT.P12 TRUE COPY OF THE NOTICE DATED 18.1.2004 ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM EXT.P13 TRUE COPY OF THE RECEIPT DATED 30.8.2005 ISSUED BY THE SECRETARY, VAIKOM MUNICIPALITY WP(C) No.3263/2006 EXT.P14 TRUE COPY OF THE EXTRACT OF THE ACCOUNT BOOK MAINTAINED BY THE PTA RELATING TO THE CONSTRUCTION OF THE BUILDING EXT.P15 TRUE COPY OF THE RELEVANT EXTRACT OF THE PTA ACCOUNT BOOK EXT.P16 TRUE COPY OF THE CHALLAN EVIDENCING THE REPAYMENT OF AN AMOUNT OF RS.9,112/- BEING THE SSLC ADVANCE EXT.P17 TRUE COPY OF THE REVENUE RECOVERY NOTICE DATED 13.6.2007 ISSUED BY THE FOURTH RESPONDENT EXT.P18 TRUE COPY OF THE ORDER DATED 11.4.2008 ISSUED TO THE PETITIONER //TRUE COPY// K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.3263 of 2006 L -------------------------------------- Dated this the 18th day of July, 2008. J U D G M E N T After amendment of the Writ Petition and further amendment as per I.A.No.9087/2008 what survives in the Writ Petition for consideration is the challenge against Ext.P18. The prayer of the writ petitioner is to quash Ext.P18 and to issue a writ of mandamus directing the respondents to disburse the Death-cum-Retirement Gratuity amount of Rs.1,73,604/- sanctioned to the petitioner as per Ext.P1. 2. The petitioner retired as Headmistress from Government Boys' Higher Secondary School, Thripunithura on 31.3.2003. The Accountant General sanctioned the pensionary benefits as per Ext.P1 order dated 20.7.2004. Though the commuted value of pension and arrears of pension were paid, the grievance of the petitioner is that the Death-cum- Retirement Gratuity amount was not paid and huge liability was sought to be fixed. 3. Ext.P18 order is dated 11.4.2008 passed by the Deputy Director of Education, by which a liability of Rs.60,529/- is fixed on the petitioner. The contention raised by the petitioner is that as per Ruling No.1 of Note 3 of Rule 3 Part III of Kerala Service Rules, such a liability cannot be fixed after a period of three years from the date of retirement. Since the petitioner WP(C) No.3263/2006 2 retired from service on 31.3.2003, Ext.P18 order dated 11.4.2008, fixing the liability of the petitioner at Rs.60,529/- is illegal and unsustainable, in the light of the case put forward by the petitioner. The learned counsel for the petitioner relied on a decision of this Court reported in Aravindaksha Panicker, N. v. Accountant General and others (ILR 2007 (4) Ker. 519). In Aravindaksha Panicker's case, it was held that if the determination and quantification of the liability is not done within the period of three years, then the Death-cum- Retirement Gratuity cannot be withheld any more, and it has to be released to the Government Servant. It was further held that that this is, of course, without prejudice to the right of the Government to initiate separate proceedings against the Government servant, in accordance with law. In view of the principle of law laid down by this Court, referred to earlier, Ext.P18 order dated 11.4.2008 is liable to be quashed. Accordingly, the Writ Petition is allowed. Ext.P18 order is quashed. The petitioner is entitled to get disbursement of Death-cum-Retirement Gratuity as mentioned in Ext.P1 order forthwith. It is made clear that the Government would be free to proceed against the petitioner for recovery of the liability, in accordance with law. K.T. SANKARAN, JUDGE. cks