IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 29TH SEPTEMBER 2008 / 7TH ASWINA 1930 WP(C).No. 946 of 2008(K) ----------------------------------- PETITIONER: ------------------ RAMAMOOLYA ,S/O.KORAGAMOOLYA RETD. HEAD MASTER, NERAPPADY HOUSE YETHADKO P.O., KASARGOD DIST. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI RESPONDENTS: ----------------------- 1. STATE OF KERALA. REPRESENTED BY SECRETARY TO GOVERNMENT ,DEPARTMENT OF GENERAL EDUCATION,THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, KASARGOD. 3. ASST. EDUCATIONAL OFFICER, KUMBLA, BADIADKA, P.O. PERADALA. 4. HEAD MASTER,G.J.B.S KUMBADAJE, P.O. KUMBALA, KASARGOD DIST. GOVERNMENT PLEADER SMT.T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 946/2008-K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE GRATUITY PAYMENT ORDER. EXT.P2: COPY OF THE LETTER DATED 19/09/2007 ISSUED BY THE 2ND RESPONDENT TO 3RD RESPONDENT. EXT.P3: COPY OF THE LETTER DATED 25/10/2007 OF THE 2ND RESPONDENT. EXT.P4: COPY OF THE LIABILITY CERTIFICATE ALONGWITH THE COVERING LETTER DATED 24/11/2007. EXT.P5: COPY OF THE APPEAL MEMORANDUM SUBMITTED BY PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P6: COPY OF THE GO(P)NO.185/2002 FIN. DATED 27/03/2002. EXT.P7: COPY OF THE CIRCULAR NO.5472/C3/2001 DATED 15/03/1991 ISSUED BY GOVERNMENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.946/2008 ----------------------------------------------------------- Dated this the 29th day of September, 2008 JUDGMENT Petitioner has retired as Headmaster on 31.3.2007. In this writ petition, his complaint is regarding the non disbursement of his terminal benefits. According to the petitioner, Ext.P1 is the gratuity payment order, providing for release of the DCRG subject to production of non liability certificate. Subsequently, at the request of the petitioner, by Ext.P2, the Deputy Director of Education, Kasaragod directed the 3rd respondent to fix the liability if any of the petitioner. It is stated that ultimately Ext.P4 liability certificate was issued by the AEO certifying that there is a liability of Rs.59,000/-, outstanding in Kumbadaje Grama Panchayat regarding the construction of a building sanctioned by the SSA for the year 2005-06. The petitioner WP(c).No.946/2008 2 submits that the entire money was expended for the construction of the building and that as the documents were available with the Panchayat, these documents could not be produced and that it was on account of his inability to produce the relevant documents, his liability happened to be fixed as certified in Ext.P4. It is stated that explaining all this, he has filed Ext.P5 application before the second respondent and that even as of now none of the terminal benefits has been sanctioned or paid. 2. Government Pleader on instruction submits that all amounts that are due to the petitioner other than DCRG have been since released to the petitioner. In so far as the DCRG is concerned, it is contended that there is a liability as certified in Ext.P4. 3. From the submissions that are now made by the Government Pleader, the complaint can only be in relation to the DCRG that is to be released to the petitioner. Admittedly, going by Ext.P4, the liability is of Rs.59,000/-. If WP(c).No.946/2008 3 that is so, there is no reason for withholding the said amount and the balance should be released to the petitioner. 4. It will be open to the petitioner to approach the 2nd respondent and on production of a copy of the judgment, the second respondent shall do the needful in this matter. 5. Now what remains is the complaint of the petitioner regarding the liability of Rs.59,000/- as certified in Ext.P4. As stated above, it is the case of the petitioner that the liability happened to be mentioned in Ext.P4 due to his inability to produce the documents which are in the possession of the Panchayat 6. It is explaining this, the petitioner has filed Ext.P5 before the Deputy Director who shall consider Ext.P5 with notice to the petitioner and the Panchayat and the 4th respondent and shall decide on the petitioner's compliant. This shall be done as expeditiously as possible on the production of a copy of the judgment and at any rate within WP(c).No.946/2008 4 3 months from the date of production of a copy of the judgment. Writ Petition is disposed of as above. ANTONY DOMINIC JUDGE vi. WP(c).No.946/2008 5