IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 WP(C).No. 21753 of 2010(T) -------------------------- PETITIONER(S): --------------- 1. DR.SAM KUNCHANDY, READER IN CHEMISTRY (RETD)., SREE NARAYANA COLLEGE, CHENGANNUR - 689 508 RESIDING AT CHETHIPUZHA ST.THOMAS, HOSPITAL QUARTERS, KURISSUMOODU P.O., CHANGANASSERY - 686 104. 2. SHRI.SUBASHCHANDRA BOSE, LECTURER IN SELECTION GRADE IN COMMERCE, SREE NARAYANA COLLEGE, CHENGANNUR - 689 508 RESIDING AT VALIYA KELANGIL, MUTHOOR P.O., THIRUVALLA - 689 107. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.R.SADEESAN RESPONDENT(S): --------------- 1. THE PRINCIPAL, SREE NARAYANA COLLEGE, NEDUVARAMCODE P.O., CHENGANNUR - 689 508. 2. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. 3. THE DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM - 695 001. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM - 695 001. 5. THE ACCOUNTANT GENERAL (A&E), KERALA, M.G.ROAD, TRIVANDRUM - 695 001. ADV. SRI.A.N.RAJAN BABU FOR R1 BY GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONERS EXTS: EXT.P1:- COPY OF NOTICE DTD.31.3.2009 ISSUED BY R1 TO P1. EXT.P2:- COPY OF COVERING LETTER DTD.1.4.2009 TO R1. EXT.P3:- COPY OF LETTER DTD.15.3.2010 ISSUED BY R3 TO P2 EXT.P4:- COPY OF REPRESENTATION DTD.25.6.2010 EXT.P5:- COPY OF REPRESENTATION DTD. 25.6.2010 EXT.P6:- COPY OF VERIFICATION REPORT EXT.P7:- COPY OF REPRESENTATION DTD.13.9.2010 RESPONDENTS EXTS: EXT.R3(A):- COPY OF LETTER DTD.20/3/2010 EXT.R3(B):- COPY OF LETTER DTD.19.12.2009 EXT.R3(C):- COPY OF INTIMATION SLIP FROM THE OFFICE OF A.G. /TRUE COPY/ P.A.TO JUDGE K.T.SANKARAN, J. ------------------------------ W.P.(C).No.21753 OF 2010 ------------------------------ Dated this the 15 th day of October, 2010 JUDGMENT The petitioners retired from service on superannuation on 31.3.2010. The first petitioner was working as Reader in Chemistry, while the second petitioner was working as Lecturer, Selection Grade in Commerce in Sree Narayana College, Chengannur. The relief prayed for by the petitioners is for directing the respondents to disburse the pensionary benefits due to them. 2. In the counter affidavit filed on behalf of the 3 rd respondent, it is stated in paragraph 4 thus: “The authorization of pensionery benefits are issued by the Accountant General, Kerala to the petitioners. True copy of the intimation slip sent from the office of the Accountant General is produced herewith and marked as Exhibit.R3(c). The details of receipt of pensionery benefits in respect of the petitioners will be submitted as soon as it is collected from the Treasuries concerned.” W.P.(C).No.21753 OF 2010 2 3. The learned Government Pleader submitted that the Non Liability Certificate/Liability Certificate in respect of the first petitioner was not issued D.C.R.G payable to the first petitioner can be disbursed only after getting either the Non Liability Certificate or the Liability Certificate. It is also submitted that in so far as the second petitioner is concerned, the Non Liability Certificate was issued and therefore, he can draw the pensionary benefits from the sub treasury concerned on production of the Non Liability Certificate. It is also submitted by the learned Government Pleader that the Non Liability Certificate/Liability Certificate in respect of the first petitioner will be issued at the earliest. 4.Learned counsel appearing for the petitioners submitted that in the counter affidavit filed on behalf of the 3 rd respondent, the following statements are made. W.P.(C).No.21753 OF 2010 3 “For the calculation of qualifying service, Service Verification Certificate for the entire service of pensioner is required. The pensioner has rendered service in four different spells under the jurisdiction of four Zonal Officers. In the pension proposal received before the Pension Sanctioning Authority the Service Verification Certificate from the Deputy Director of Collegiate Education, Kozhikode was not included.” 5. It is submitted by the counsel that in respect of to this objection, the petitioner has submitted Ext.P7 representation dated 13 th September, 2010 before the Director of Collegiate Education and it is necessary to dispose of the said representation. 6. In the facts and circumstances of the case, and in the light of the submissions made by the learned counsel for the petitioner and the learned Government Pleader, the Writ Petition is disposed of as follows: W.P.(C).No.21753 OF 2010 4 a) The Non Liability Certificate/ Liability Certificate in respect of the first petitioner shall be issued by the third respondent as expeditiously as possible, and at any rate within a period of one month from the date of receipt of a copy of the judgment. b) The submission made by the learned Government Pleader that the pensionary benefits sanctioned to the second petitioner will be disbursed by the sub treasury officer, is recorded. c) The respondents shall ensure that the pensionary benefits granted to the second petitioner shall be disbursed without any delay. d) The Director of Collegiate Education W.P.(C).No.21753 OF 2010 5 shall dispose of Ext.P7 representation submitted by the first petitioner as expeditiously as possible and at any rate within a period of three months. e) On issue of the Non Liability Certificate/Liability Certificate in respect of the first petitioner, the respondents shall ensure that the pensionary benefits due to the first petitioner shall be disbursed without delay. K.T.SANKARAN, JUDGE cms