IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 WP(C).No. 16873 of 2009(D) --------------------------------------- PETITIONER(S): ---------------------- ABRAHAM.K.P., HEADMASTER (RETD.), MDHS, THOLELY, AYROORPADAM P.O., KOTHAMANGALAM-682 692, RESIDING AT KANJIRATHINGAL HOUSE, AYROORPADAM P.O., THRIKKARIYOOR, ERNAKULAM DISTRICT. BY ADV. MR.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI RESPONDENT(S): ------------------------- 1. THE SUB TREASURY OFFICER, KOTHAMANGALAM. 2. THE DISTRICT EDUCATIONAL OFFICER, KOTHAMANGALAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, TRIVANDRUM. 4. STATE OF KERALA, REP.BY SECRETARY TO GOVT., GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. * 5. THE SUB TREASURY OFFICER, KOTHAMANGALAM. (* DELETED) * RESPONDENT 5 IS DELETED FROM THE PARTY ARRAY AS PER ORDER IN I.A.8924/2009 DATED 23/07/2009. R1 TO R4 BY GOVERNMENT PLEADER MR.K. RAMESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 16873/2009-D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER GPO NO.120826777 DATED 21/07/2008 ISSUED BY THE ACCOUNTANT GENERAL (A& E), KERALA TO THE PETITIONER. EXT.P2: COPY OF THE ORDER NO.SC(1)/40493/08/DPI DATED 10/09/2008 ISSUED BY THE 3RD RESPONDENT. EXT.P3: COPY OF THE HEARING NOTICE NO.76256/A2/08/G.EDN. DATED 09/01/2009 ISSUED BY THE 4TH RESPONDENT. EXT.P4: COPY OF THE PROCEEDINGS NO.B2-3827/08(b) DATED 16/02/2009 ISSUED BY THE 2ND RESPONDENT. EXT.P5: COPY OF THE ORDER DATED 20/08/2008 IN WP(C) NO. 21292/08 OF THE HONOURABLE COURT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.16873 OF 2009 --------------------------------------- Dated this the 11th day of August, 2009. J U D G M E N T The petitioner retired as Headmaster of an aided school on 31.03.2008. Exhibit P1 shows that gratuity was sanctioned to him and the total amount payable is Rs.3,30,000/-. For want of Non Liability Certificate, the same has not been disbursed to the petitioner so far. Exhibit P4 is the order impugned in this writ petition. By the said order, the 1st respondent has refused to issue Non Liability Certificate stating that in the light of the supercheck inspection at MDHS Tholely, the petitioner is responsible for the alleged liability. 2. It is the case of the petitioner that the 3rd respondent had ordered for abolition of 4th division in Std.VIII as per Exhibit P2 order. The matter is now pending in revision before the Government. So far no decision has been arrived at. Exhibit P5 is the interim order passed in W.P(C) No.21292/2008 wherein in similar circumstances the salary was ordered to be honoured. W.P.(C) No.16873/2009 2 3. Presently, the petitioner is relying upon a decision of a Division Bench of this Court in Writ Appeal No.1288/2007. It is contended that even a case where bogus admissions were found out by the Super Check Cell in its inspection, the loss suffered by the sanction of additional class division cannot be recovered from the Headmistress. The relevant findings are contained in paragraph 2, which is extracted below. “No provision has been brought to our notice, which enables the DPI while passing an order in the nature of Ext.P2 to order recovery from the Headmistress, the loss suffered by sanction of additional class divisions, given based on bogus admissions of students. It may be permissible to recover loss from the Headmistress as part of the disciplinary proceedings. So, no recovery shall be made from the appellant solely based on Ext. P2. We clarify this legal position and dispose of the Writ Appeal. If, in the disciplinary action, any recovery is ordered, the appellant will be free to resist it raising all the contentions available to her under law”. The petitioner seeks for an identical relief. The above dictum squarely applies to the petitioner herein. Therefore, Exhibit P4 is quashed. There will be a direction W.P.(C) No.16873/2009 3 to issue Non Liability Certificate to the petitioner within a period of one month from the date of receipt of a copy of this judgment. But, it is made clear that the salary, if any, received by the Teacher could be recovered from him under relevant Rules after due proceedings if it is ultimately found by the Government that the sanction of the post is irregular, and this judgment will not stand in the way of the respondents taking such an action. This writ petition is disposed of as above. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp