IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 7TH SEPTEMBER 2007 / 16TH BHADRA 1929 WP(C).No. 3319 of 2005(T) ------------------------------------ PETITIONER: ----------------- V. SUNDARESAN, AYILLYAM HOUSE, MAMOM, KIZHUVILAM P.O., ATTINGAL, TRIVANDRUM. BY ADV. SRI.M.C.CHERIAN RESPONDENTS: ----------------------- 1. DEPUTY DIRECTOR (EDUCATION) TRIVANDRUM. 2. V. SANTHAKUMARI, HEAD MISTRESS GOVT.GIRLS HIGH SCHOOL, ATTINGAL, TRIVANDRUM. BY GOVERNMENT PLEADER SRI. P.A.SALIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tga WP(C) NO: 3319/2005 APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE GRATUITY PAYMENT ORDER GPO NO. P11/AT/G/ 11593601 DT. 22/7/03 BY THE ACCOUNTANT GENERAL OF KERALA. EXT.P2. COPY OF THE GRATUITY PAYMENT ORDER DT. 9/10/2004 BY THE AG OF KERALA NO. GPO NO. P-11/AT/G/11593601. EXT.P3. COPY OF THE GRATUITY PAYMENT ORDER GPO NO. G. 11593601/DA3/137232 DT. 7/2/04 OF THE AG OF KERALA. EXT.P4. COPY OF THE GRATUITY PAYMENT ORDER GPO NO. G. 11593601/DA-4/210458 DT. 24/10/2004 OF THE AG OF KERALA. EXT.P5. COPY OF THE GRATUITY PAYMENT GPO NO. G. 11593601/D4A/210457 DT.26/10/2004 OF THE AG OF KERALA. EXT.P6. COPY OF THE DUE CERTIFICATE NO. A1/2315/03 DT. 12/12/03 OF THE DEO/ ATTINGAL. EXT.P7. COPY OF THE LETTER NO. G6/2405/2003 DT. 2/4/04 FROM R1 TO THE R2. EXT.P8. COPY OF THE LETTER NO. G6/2405/2003 DT. 21/5/04 OF THE R1 TO THE R2. EXT.P9. COPY OF THE LETTER NO. G6/2405/2003 DT. 26/8/04 OF THE R1 TO THE R2. EXT.P10. COPY OF THE LETTER DT. 28/6/05 FROM PETITIONER TO R1. EXT.P11. COPY OF THE AD CARD OF THE SAME. EXT.P12. COPY OF THE LETTER NO. EX. G4/13663/01 DT. 15/5/03 OF JOINT COMMISSIONER FOR GOVT. EXAMINATIONS TO THE R1. EXT.P13. COPY OF THE LETTER NO. G2/21649/2002/ CGE DT. 27/10/2005 OF THE JOINT COMMISSIONER FOR GOVT. EXAMINATIONS TO R1. RESPONDENT'S EXHIBITS NIL. True copy tga K.BALAKRISHNAN NAIR, J. ------------------------------------------------------------ WP(C) No.3319 of 2005-T ------------------------------------------------------------ Judgment The petitioner retired from service as Principal of a Government Higher Secondary School, on 30.04.2005. The DCRG due to him was authorised by Ext.P1 for an amount of Rs.1,73,504/-. The said amount was later revised by Ext.P5 order dated 26.10.2004 to Rs.2,30,640/-. Pursuant to the interim order of this Court dated 17.02.2005, he has been paid an amount of Rs.1,55,966/- on 15.03.2003. As per the statement filed on behalf of the 1 st respondent in this case, the total liability of the petitioner will come to Rs.17,538/-. Out of the said amount, Rs.1,582/- relates to the holding of TTC Examination in June 2002. The said liability has been cleared as evident from Ext.P12 communication dated 15.05.2003. Likewise, the liability incurred for holding the KGTE Examinations of September 2002 and January 2003 was also cleared by Ext.P13 communication dated 27.10.2005. So, the balance liability of the petitioner will come only to Rs.12,984/-. They come under the heads of 'various expenses' incurred during October 2002 and March 2003. The petitioner points out that the liability under the head 'various expenses' has not, so far been finalised after issuing notice to him. So, he prays for releasing the entire amount of DCRG due to him. WPC 3319/05 -2- 2. I heard the learned Government Pleader appearing for the respondents also. Having regard to the facts of the case and taking into account Exts.P12 and P13, the present liability fixed against the petitioner, according to the respondents is only Rs.12,984/-. Accordingly, it is ordered that the balance DCRG remaining unpaid shall be released to the petitioner, deducting the above said amount within two months from the date of receipt of a copy of this Judgment. The 1 st respondent is directed to afford an opportunity of being heard to the petitioner, consider his objections and decide whether the liability of Rs.12,984/- found against the petitioner is sustainable or not. This, the 1 st respondent shall do within two months from the date of receipt of a copy of this Judgment. After taking the decision, if any further amount is found due to the petitioner, the same shall also be released to him without delay. The Writ Petition is disposed of as above. 07.09.2007 K.BALAKRISHNAN NAIR,JUDGE sta