IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 WP(C).No. 17237 of 2010(D) -------------------------- PETITIONER(S): --------------- VIJAYAM.C.G,AGED 55 YEARS,FLAT NO.F-1, MENACHERY APARTMENTS,BISHOP PALACE ROAD, THRISSUR. RETD ASSITANT EDUCATIONAL OFFICER, THRISSUR EAST. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENT(S): --------------- 1. THE STATE OF KERALA ,REP.BY THE SECRETARY TO THE GOVT., GENERAL EDUCATION DEPARTMENT,GOVT.SECRETARIAT,THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL,OFFICE OF THE ACCOUNTANT GENERAL,KERALA, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 4. THE ASST.EDUCATIONAL OFFICER, THRISSUR EAST. MR.ARAVIND KUMAR BABU, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.17237 of 2010 (D) --------------------------------- Dated, this the 30th day of June, 2010 J U D G M E N T Despite two adjournments granted to the learned Government Pleader to obtain instructions, even today, he has not succeeded in obtaining instructions. Therefore, this writ petition was heard and is disposed of. 2. The petitioner retired from service as Assistant Educational Officer, Thrissur East on 31/03/2009. Her DCRG has not been disbursed and the reason stated is that the AEO, Thrissur East has not forwarded Non Liability Certificate. 3. It is seen from Ext.P4 letter issued by the 3rd respondent to the 4th respondent on 23/03/2010 that despite various requests made, the 4th respondent has not issued NLC/LC. In such circumstances, in Ext.P4, the 3rd respondent informed the 4th respondent that if NLC/LC was not received within two days of receipt of Ext.P4, it will be deemed that the petitioner has no liability and that the DCRG will be disbursed. WP(C) No.17237/2010 -2- 4. Going by the pleadings, even as on date, the 4th respondent has not forwarded the NLC/LC . If that be the factual position, there was no reason for the 3rd respondent to wait any further and the 3rd respondent ought to have taken steps for disbursement of the DCRG that is due to the petitioner. 5. Therefore, there will be a direction to the 3rd respondent to take steps for disbursement of the DCRG due to the petitioner. It is directed that if the 4th respondent has not so far responded to Ext.P4, it will also be free to the 3rd respondent to proceed against him for dereliction of duty. The petitioner shall produce a copy of this judgment before the 3rd respondent for compliance. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg