IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 16TH NOVEMBER 2011 / 25TH KARTHIKA 1933 WP(C).No. 2573 of 2010(V) ---------------------------------- PETITIONER(S): ----------------------- KUNJANNAMMA P.M, 'FOUR STAR' NEAR KNM COLLEGE, KANJIRAMKULAM, THIRUVANANTHAPURAM-695 524(CLERK, ST.HELEN'S GIRLS HIGH SCHOOL , LOURDEPURAM, KANJIRAMKULAM, THIRUVANANTHAPURAM - 695 524 BY ADVS. SRI.B.RAGUNATHAN SRI.G.S.MOHANDAS SRI.R.SRINATH RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP.BY PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 011. 2. DIRECTOR OF PUBLIC INSTRUCTION, JAGATHI, THIRUVANANTHAPURAM-695 014. 3. DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695 036. 4. DISTRICT EDUCATIONAL OFFICER, NEYATTINKARA, THIRUVANANTHAPURAM-695 121. 5. HEADMISTRESS, ST.HELEN'S GIRLS HIGH SCHOOL, LOURDEPURAM, KANJIRAMKULAM, THIRUVANANTHAPURAM-695 524. 6. SUB TREASURY OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM- 695 121. 7. SUB TREASURY OFFICER, PENSION PAYMENT TREASURY, THIRUVANANTHAPURAM- 695 121. ..2 -2- 8. SECRETARY, KANJIRAMKULAM SERVICE CO-OPERATIVE BANK LTD, THIRUVANANTHAPURAM-695 524. 9. MANAGER, THIRUVANANTHAPURAM DISTRICT CO-OPERATIVE BANK LTD,KANJIRAMKULAM BRANCH ,KANJIRAMKULAM, THIRUVANANTHAPURAM-695 524 10. KERALA LOK AYUKTHA, REPRESENTED BY REGISTRAR, KERALA LOK AYUKTHA, LEGISLATURE COMPLEX, THIRUVANANTHAPURAM-695 033. BY GOVERNMENT PLEADER SMT.NISHA BOSE. R8 BY ADV. SRI.G.S.REGHUNATH R9 BY SRI.K.G.RADHAKRISHAN,SC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU WP(C).No. 2573 of 2010(V) APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF THE LETTER DTD 20/03/2007 OF THE ACCOUNTANT GENERAL A & E KERALA. P2 : COPY OF THE ORDER DTD 13/08/2009 IN COMPLAINT NO.1041 OF 2007 OF THE KERALA LOK AYUKTA. P3 : COPY OF THE NOTICE DTD 06/01/2010 OF THE 3RD RESPONDENT. P4 : COPY OF CIRCULAR NO.42/2003/FIN. DTD 22/05/2003 OF THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: R3(a) & R3(b) : COPY OF THE WRITTEN CONSENT THE PETITIONER EXECUTED TO RECOVER THE DUES FROM THE DCRG. //TRUE COPY// P.A TO JUDGE. STU T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2573/2010-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 16 th day of November, 2011 J U D G M E N T The petitioner retired from service as a Clerk from St.Helen's Girls High Schoo1, Lourdepuram, Kanjiramkulam. The pensionery benefits were sanctioned as evident from Ext.P1 letter. The Death-cum- Retirement Gratuity sanctioned is Rs.1,78,770/-. The petitioner could not get the amount disbursed in the light of various objections regarding liability towards the eight respondent-Kanjiramkulam Co-operative Bank Ltd and the ninth respondent-Thiruvananthapuram District Co-operative Bank Ltd. 2. In the counter affidavit filed by the third respondent, it is mentioned that the amount could not be disbursed in view of certain liabilities and Exts.R3 (a) and R3(b) have been produced in support of the above plea. Ext.R3(a) is a letter issued by the Private Schoo1 Employees Co-operative Society Ltd. dated 24/09/2009 and Ext.R3(b) is issued by the Canara Bank, Arumanoor. W.P.(C). No.2573/2010 -:2:- 3. Learned counsel appearing for the eight respondent submitted that the liability as far as the loan taken by a Teacher wherein the petitioner was a surety has been cleared. Learned counsel for the ninth respondent submitted that as far as the said Bank is concerned, no payment is outstanding from the petitioner in any account, in any Branches of the Bank. Hence the D.C.R.G cannot be withheld on this account. Therefore, what remains are the clearance of the liabilities towards the Canara Bank as well as the Private Schoo1 Employees Co-operative Society Ltd. 4. Learned counsel for the petitioner submitted that as far as Private Schoo1 Employees Co-operative Society Ltd. is concerned, the petitioner has not executed any written consent. It is also submitted that Canara Bank filed a suit as O.S.No.1093/2009 before the Munsiff Court, Thiruvananthapuram and the said suit was decreed for a sum of Rs.62,465/- with interest. But, no charge is created to recover the amount from the petitioner's D.C.R.G. W.P.(C). No.2573/2010 -:3:- 5. The petitioner will approach the Deputy Director of Education along with the written documents to satisfy that the D.C.R.G sanctioned cannot be withheld towards any liability as far as Private Schoo1 Employees Co-operative Society Ltd. and Canara Bank. Thereafter, appropriate decision will be taken by the third respondent with regard to disbursement of D.C.R.G within two months from the date of receipt of a copy of this Judgment. 6. Even though the learned counsel for the petitioner prayed for payment of interest, I am not satisfied that this is a case wherein interest is liable to be granted since the delay for disbursement is due to non clearance of liability by various Banks/Societies etc. In the light of the above direction, the order passed by the Lok Ayukta, Ext.P2, will stand quashed. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms