IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 WP(C).No. 17247 of 2008(C) ----------------------------------------- PETITIONER: ---------------------- K.G. RAMAN, AGED 57, HEADMASTER (RETD.), GOVERNMENT MODEL H.S.S, THRISSUR, S/O. K.N. GOVINDAN EZHUTHASSAN, KUNDANINGATTU HOUSE, MUTHUVARA, THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENTS: ------------------------ 1. DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 2. JOINT COMMISSIONER, PAREEKSHA BHAVAN,TRIVANDRUM. 3. DIRECTOR OF PUBLIC INSTRUCTIONS,TRIVANDRUM. *ADDL.R4 TO R8 ARE IMPLEADED: R4. PRINCIPAL, GOVERNMENT HIGHER SECONDARY SHOOL, KATTILAPPORAM. R5. PRINCIPAL, GOVERNMENT VOCATIONAL SECONDARY SCHOOL, RAMAVARMAPURAM. R6. PRINCIPAL, GOVERNMENT MODEL BOYS HIGHER SECONDARY SCHOOL, THRISSUR. R7. REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY DEPARTMENT, G.U.P.S., DEVANKULANGARA, EDAPPILLY, ERNAKULAM. R8. ASSISTANT DIRECTOR, VOCATIONAL HIGHER SECONDARY DEPARTMENT, THRISSUR. (*ADDL.R4 TO R8 ARE IMPLEADED AS PER ORDER DTD.15/09/2008 IN I.A.NO.11009/2008) BY GOVERNMENT PLEADER SRI.A.J.VARGHESE- R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.17247/2008 C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF LETTER DTD. 29/01/2008 ISSUED BY THE SECOND RESPONDENT TO THE FIRST RESPONDENT. EXT.P2: COPY OF REPRESENTATION DTD. 17/03/08 SENT BY THE PETITIONER TO THE SECOND RESPONDENT. EXT.P3: COPY OF NOTICE ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXT.P4: COPY OF CIRCULAR DTD. 5/03/2001 ISSUED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION. EXT.P5: COPY OF ORDER NO.G(2)/22733/2008/C.G.E.DTD. 19/06/2008 PASSED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No. ----------------------------------------------------------- Dated this the 19th day of September, 2008 JUDGMENT Petitioner was a Headmaster, who has retired from the service on 31.3.2007. In this writ petition, his prayer is to direct the respondents to disburse the gratuity amount due to the petitioner. Initially, there were two audit objections, one regarding an amount of Rs.55,111/-, utilized for the SSLC examination and the other regarding an amount of Rs.24,775/- utilized for TTC examination. As is seen from Ext.P1, the audit objection in so far as Rs.55,111/- has been dropped. It is also seen from the pleadings that the audit objection in so far as Rs.24,775/- also has been dropped. 2 2. However, liability certificate/non- liability certificate has not been issued by the Ist respondent to the District Treasury, Trissur. The reason stated in the counter affidavit is that, in spite of the repeated remainders made from the office of the first respondent, LC/NLC has not been received from the department till date. 3. It is seen that during the period from 1999 to 31.3.2007, the petitioner had various spells of services under respondents 4,5 and 6. Relying on Ext.P4 circular, learned counsel for the petitioner contends that, it is the duty of the respondents to issue non- liability certificate within 3 months of retirement of a Government servant and on account of their failure he is entitled to interest until settlement of his gratuity claim. 4. From a reading of the counter affidavit, it is evident that, the failure of the 3 first respondent in issuing liability certificate/non-liability certificate is on account of the fact that the same has not been received from respondents 7 and 8, who had to obtain the same from respondents 4 to 6. Irrespective of the person who is actually responsible for the same, the fact remains that, even though the petitioner has retired as early as on 31.3.2007, he has not been paid DCRG so far for no fault of his. In my view, there is absolutely no justification for the inordinate delay that has been caused. Respondents 7 and 8 ought to have taken the expeditious action to obtain LC/NLC from respondents 4 to 6 and made it available to the Ist respondent, for forwarding the same to the District Treasury, Trissur. Accordingly, the writ petition is disposed of directing that, within 4 weeks of receipt of a copy of this judgment respondents 7 and 8 should obtain LC/NLC from respondents 4 to 6 and forward 4 the same to the first respondent, who within 4 weeks thereafter shall make it available to the District Treasury, Trissur, for settlement of the petitioner's claim for DCRG for the service that he has rendered. It is also directed that, for the belated payment, he is entitled to interest at the rate of 10% on the amount that is payable. ANTONY DOMINIC JUDGE vi. 5 ANTONY DOMINIC JUDGE vi. 6