IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(C).No. 35339 of 2007(F) -------------------------- PETITIONER(S): --------------- A. BALAKRISHNAN NAIR, ARIKKEDATH HOUSE, POST KIZHPYUR, VIA.MEPPAYYUR, KOZHIKODE DISTRICT, PIN-673 524. (RETIRED AS PRINCIPAL, G.G.H.S.S, KOYILANDY). BY ADV. SRI.K.P.SUDHEER RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS DIRECTOR, OFFICE OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (A&E) THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 4. THE PRINCIPAL, G.G.H.S.S, KOYILANDY, KOZHIKODE DISTRICT. BY SRI. T.T. MUHAMOOD, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Petitioners Exhibits: Ext.P1: True copy of the Gratuity Payment Order dated 9.102002 issued by the 2nd respondent. Ext.P2: True copy of the Order dated 26.5.2003 issued by the 2nd respondent. Ext.P3: True copy of GO(Rt) No. 133/2007/G.Edn. dated 10.1.2007 issued by Govt. of Kerala, General Education (C) Department. Ext.P4: True copy of GO(Rt) No. 742/2007/G.Edn. dated 19.2.2007 issued by Govt. of Kerala, General Education (C) Department. Ext.P5: True copy of letter dated 19.4.2003 issued by the 3rd respondent. Ext.P6: True copy representation dated 8.1.2007 submitted by the petitioner before the 3rd respondent. Ext.P7: True copy of letter dated 3.2.2007 from the 1st respondent to the 4th respondent. Ext.P8: True copy of reply dated nil submitted by the petitioner before the 1st respondent. /True copy/ P.A. To Judge T. R. RAMACHANDRAN NAIR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 35339 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August, 2009 J U D G M E N T The petitioner herein retired from service while working as Principal of Govt. Girls Higher Secondary School, Koyilandy on 31.3.2002. The main prayers in the writ petition are: a. call for the records relating to Ext.P7 and quash the same by the issue of a writ of certiorari or other appropriate writ, order or direction. b. issue a writ of mandamus or any other writ, order or direction commanding the respondents to refix the pensionary benefits and disburse the monetary benefits due to the petitioner with reference to Ext.P3 order immediately 2. The learned Government Pleader on instructions submitted that the pensionary benefits of the petitioners have been refixed taking into account provisional service of the petitioner also and the benefits will be disbursed accordingly. Therefore the second prayer which is sought for in the writ petition has already been satisfied. What remains the prayer WPC.No. 35339 OF 2007 : 2 : “a” relating to quashing of Ext.P7. Ext. P7 is the communication of the alleged liability to the tune of Rs.9835/-. The petitioner has already filed Ext.P8 representation before the Director of Higher Secondary Education seeking to drop the said audit objection. There will be a direction to the Director of Higher Secondary Education to take a decision on Ext.P8 after hearing the petitioner also within two months from the date of receipt of a copy of this judgment. If the petitioner is having any other grievance with regard to the pensionary benefits already fixed, appropriate representation can be filed before the 2nd respondent. No costs. ( T. R. RAMACHANDRAN NAIR, JUDGE) jma