IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 22ND MAY 2009 / 1ST JYAISHTA 1931 WP(C).No. 13047 of 2007(C) -------------------------------- PETITIONER: -------------- P.A.SOUDA, W/O.P.K.ABU, AGED 56 YEARS, PUNNILATH HOUSE, P.O.MATHILAKAM, THRISSUR DISTRICT. BY MR.GEORGE ABRAHAM, ADVOCATE. RESPONDENTS: ----------------- 1. THE ASSISTANT EDUCATIONAL OFFICER, KODUNGALLOOR. 2. THE KERALA STATE FINANCIAL ENTERPRISES LTD., REPRESENTED BY ITS MANAGING DIRECTOR, MUSEUM ROAD, THRISSUR. 3. THE SPL.DEPUTY TAHSILDAR (RR), THE KERALA STATE FINANCIAL ENTERPRISES LTD., MUSEUM ROAD, THRISSUR. 4. P.A.SOUDA, D/O.ABDUL KHADER, PUZHAKKARA ILLATHU HOUSE, P.O.MATHILAKAM, THRISSUR DISTRICT. BY MR. P.K.RAVIKRISHNAN, SR.GOVERNMENT PLEADER MR.K.ABDUL JACOB, ADVOCATE FOR R4. MR.ASOK M.CHERIYAN, SC, K.S.F.E. LTD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13047/2007 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF PROHIBITORY ORDER ISSUED BY THE 2ND RESPONDENT DTD. 19.7.2002. EXT. P2 : COPY OF ACKNOWLEDGMENT ISSUED BY THE SPECIAL DEPUTY TAHSILDAR DTD. 8.11.02. EXT. P3 : COPY OF ACKNOWLEDGMENT ISSUED BY THE SPECIAL DEPUTY TAHSILDAR DTD. 4.12.02. EXT. P4 : COPY OF JUDGMENT DTD. 25.2.04 IN O.P.No.39166/02. EXT. P5 : COPY OF LETTER ISSUED BY THE A.E.O. DTD. 17.2.07. EXT. P6 : COPY OF THE ORDER PASSED BY THE PRINCIPAL MUNSIFF, IRINJALAKKUDA IN E.P.No.583/04 IN O.S.No.1553/02. EXT. P7 : COPY OF the COMMUNICATION ISSUED BY THE BANK DTD. 13.3.09. EXT. P8 : COPY OF THE ORDER ISSUED BY THE SPECIAL DEPUTY TAHSILDAR (RR), KFC, THRISSUR. 1ST RESPONDENT'S EXHIBITS: EXT. R1(a) : COPY OF THE ATTACHMENT ORDER IN EP.583/04. EXT. R1(b) : COPY OF THE ATTACHMENT ORDER IN E.A.216/04 IN E.P.383/01. EXT. R1(c) : COPY OF THE PROHIBITORY ORDER. 4TH RESPONDENT'S EXHIBITS: EXT. R4(a) : COPY OF THE LETTER No.SDT/TSR/396/98 DTD. 27.3.04 BY THE 2ND RESPONDENT. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.13047 OF 2007 --------------------------------------- Dated this the 22nd day of May, 2009. J U D G M E N T The petitioner has retired from service as Headmistress on 31.03.2005 from Kazhuvilangu L.P. School, Thrissur District. Complaining about the non-disbursal of D.C.R.G, this writ petition has been filed. 2. In the counter affidavit filed by the first respondent, Exhibits R1(a) to R1(c) have been produced to show that there are various items of liabilities to be cleared by the petitioner. It is submitted in the counter affidavit that D.C.R.G was withheld for want of regularization of suspension period also. 3. Along with the affidavit filed in support of I.A.No.4644/2009, the petitioner has produced Exhibits P6 to P8 which are copies of documents to show that all the liabilities have been cleared. In the light of the above, this writ petition is disposed of with the following directions: W.P.(C) No.13047/07 2 Petitioner will produce the originals of Exhibits P6 to P8 before the first respondent and the first respondent shall verify the same to find out whether there are any subsisting liabilities. Depending upon the outcome, the first respondent will take steps to disburse the withheld amount. Appropriate action shall be taken within a period of two months from the date of receipt of a copy of this judgment. T.R. RAMACHANDRAN NAIR JUDGE smp