IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932 WP(C).No. 21277 of 2010(H) PETITIONER: --------------- P.VENUGOPALAN, AGED 57 YEARS, S/O. P.VELAPPA NAIR, 'SREYAS', NEAR ETTUKULAM, P.O.AYYANTHOLE, THRISSUR DISTRICT. BY ADV. SRI.C.D.DILEEP RESPONDENTS: --------------- 1. ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM, PIN-695 039. 2. DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 3. PRINCIPAL, GOVERNMENT V.H.S.SCHOOL, PUTHUR, THRISSUR. 4. THE DISTRICT TREASURY OFFICER, THRISSUR, PIN-680 003. 5. DEPUTY DIRECTOR OF EDUCATION, WAYANAD. 6. ASST. DIRECTOR, VOCATIONAL HIGHER SECONDARY SECTION, CHEMBUKKAVU, THRISSUR. GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE GRATUITY PAYMENT ORDER WITH VERIFICATION REPORT ISSUED BY THE FIRST RESPONDENT DATED 18.5.2009. EXT.P2 TRUE COPY OF THE LETTER DATED 31.12.2009 ISSUED BY THE SECOND RESPONDENT TO THE RESPONDENTS 4 AND 5 TO SUBMIT THE LIABILITY/NON LIABILITY CERTIFICATE OF THE PETITIONER, IF ANY. EXT.P3 TRUE COPY OF THE NOTICE NO.A6/11175/09 DATED 15.2.2010 ISSUED BY THE SECOND RESPONDENT TO THE THIRD RESPONDENT DIRECTING TO PRODUCE THE RECEIPTS OF SALE OF STAMP DURING TENURE OF THE PETITIONER. EXT.P4 TRUE COPY OF THE NOTICE DATED 10.5.2010 ISSUED BY THE SECOND RESPONDENT TO THE THIRD RESPONDENT DIRECTING TO PRODUCE THE RECEIPTS DUE TO NON COMPLIANCE OF EXT.P3 IN TIME. EXT.P5 TRUE COPY OF THE LETTER ISSUED BY THE ZILA SAINIK WELFARE OFFICER TO THE SECOND RESPONDENT ON 15.5.2010 SHOWING THE PAYMENT OF STAMP WITH RECEIPT NUMBERS. EXT.P6 TRUE COPY OF THE LETTER ISSUED BY THE THIRD RESPONDENT PRINCIPAL, V.H.S. SCHOOL PUTHUR DATED 16.6.2010 TO THE PETITIONER CLAIMING THAT THE PETITIONER IS LIABLE TO PAY RS.7814/-. EXT.P7 TRUE COPY OF THE LETTER ISSUED BY THE THIRD RESPONDENT TO THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES TO CONDUCT ENQUIRY FOR ASCERTAINING THE LIABILITY OF THE PETITIONER, IF ANY. EXT.P8 TRUE COPY OF THE NOTICE NO.G.2/17045/09 DATED 19.8.2010 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 21277 OF 2010 H ------------------------------------------------------ Dated this the 22nd day of November, 2010 JUDGMENT The petitioner retired from service on 31.3.2009 while working as Principal in the Government Model Higher Secondary School for Girls, Thrissur. The grievance of the petitioner is that the Death Cum Retirement Gratuity payable to the petitioner was not given to him. The Accountant General, as per Ext.P1, sanctioned a sum of `3,30,000/- as DCRG. It is alleged that the petitioner made several representations for taking steps to disburse DCRG. However, due to non issue of liability/non-liability certificate, disbursement of the amount was delayed. According to the petitioner, there was no justification for non-disbursal of the DCRG even after several years. Therefore, he has claimed interest at 12% as well in the Writ Petition. 2. The main prayer in the Writ Petition is to issue a writ of mandamus directing the second respondent to issue non-liability certificate to enable the petitioner to collect DCRG. W.P.(C) NO.21277 OF 2010 H :: 2 :: 3. The learned Government Pleader submitted that as per the Rules, the petitioner had to submit the pension proposal one year before the retirement. However, the petitioner submitted the necessary papers only on 27.1.2009. According to the learned Government Pleader, as a result of this, delay occurred in finalizing the liability. As per the letter dated 13.10.2010, a liability certificate to the tune of `20,971/- was forwarded by the Deputy Director of Education to the District Treasury Officer, Thrissur. In view of the issue of liability certificate, the petitioner would be entitled to get DCRG amount disbursed after deducting the amount of liability. 4. Learned counsel for the petitioner submitted that the liability of `20,971/- is disputed. The petitioner is not aware of any liability certificate having been issued. It is submitted that the petitioner was not served with a copy also. Taking into account the submissions made by the learned counsel for the petitioner and the learned Government Pleader and taking into account the other facts and circumstances of the case, the Writ Petition is disposed of in the following manner: W.P.(C) NO.21277 OF 2010 H :: 3 :: a) The Deputy Director of Education shall issue a copy of the liability certificate to the petitioner within a period of two weeks from the date of receipt of a copy of the judgment. b) The petitioner shall produce certified copy of the judgment before the Deputy Director of Education. c) On production of the liability certificate, the petitioner shall be paid the DCRG after deducting the liability of `20,971/-. d) The petitioner would be entitled to challenge the liability fixed in accordance with law. e) The claim for interest is left open to be considered in a properly constituted civil suit. (K.T.SANKARAN) Judge ahz/