IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 WP(C).No. 35050 of 2007(V) ---------------------------------------- PETITIONER(S): ------------------------- M.ABDUL AZEEZ, TEACHER-IN-CHARGE (RETD), THADIKAD VOCATIONAL HIGHER SCHOOL AND HIGHER SECONDARY SCHOOL, THADIKAD (PO), ANCHAL (VIA), KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVT., DEPARTMENT OF GENERAL EDUCATION, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DY.DIRECTOR OF EDUCATION, KOLLAM. 3. ASST.DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, KOLLAM. 4. THE PRINCIPAL, THADIKADU VHSS, THADIKADU (PO), ANCHAL, KOLLAM DISTRICT. 5. SUB TREASURY OFFICER, ANCHAL (PO), KOLLAM DISTRICT. 6. THE MANAGER, STATE BANK OF TRAVANCORE, ANCHAL BRANCH, ANCHAL (PO), KOLLAM DISTRICT. GOVERNMENT PLEADER SRI. T.T.MOHAMMED FOR R1, 2, 3 & 5 ADV. SRI.ANCHAL C.VIJAYAN FOR R4 SRI.SAJEE VARGHESE, SC, SBT FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.35050/2007 V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF LETTER DTD. 30/03/2004 ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT. EXT.P2; COPY OF ORDER DTD. 26/05/05 ISSUED BY THE A.G. EXT.P3: COPY OF THE LETTER NO.D4-31961/04 DTD. 12/04/07 ISSUED BY THE 2ND RESPONDENT. EXT.P4: COPY OF THE DECLARATION DTD. 11/05/07 SUBMITTED BY THE PETITIONER. EXT.P5: COPY OF THE NLC ISSUED BY THE 2ND RESPONDENT. EXT.P6: COPY OF THE LETTER DTD. 17/05/07 ISSUED BY THE 4TH RESPONDENT. EXT.P7: COPY OF THE REPLY SUBMITTED BY THE PETITIONER DURING SEPT.07. EXT.P8: COPY OF THE NOTICE NO.D4/31961/04 DTD. 29/09/07 ISSUED BY THE 2ND RESPONDENT. EXT.P9: COPY OF THE REPRESENTATION DTD. 7/10/07 BEFORE THE 2ND RESPONDENT. EXT.P10: COPY OF THE LETTER NO.D4/21961/04 DTD. 9/11/07 ISSUED BY THE 2ND RESPONDENT. EXT.P11: COPY OF LETTER DTD. 3/12/2007 ALONG WITH COPIES OF AUDIT OBJECTIONS ISSUED BY THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.35050/2007 ----------------------------------------------------------- Dated this the 17th day of October, 2008 JUDGMENT Petitioner was the teacher in charge of Vocational Higher Secondary and Higher Secondary School, Thadikad. He retired from service on 31.3.2004. According to the petitioner, by Ext.P3 the Deputy Director required the petitioner to furnish an undertaking to the effect that liability, if any, to the Government regarding the Higher Secondary and Vocation Higher Secondary section of the school, found to be due from the petitioner will be discharged by him. Petitioner complied with this requirement and Ext.P4 undertaking was given. On that basis, Ext.P5 NLC was issued and the gratuity amount was also released. WP(c).No.35050/2007 2 2. Subsequently Ext.P8 liability notice was issued to the petitioner proposing to fix a liability of Rs.37,064/-. Petitioner filed his objection by Ext.P10. However, the second respondent issued Ext.P10 fixing liability of Rs.37,064/- and directing the same to be recovered from his pension. Petitioner submits that following Ext.P10, recovery steps were effected recovering Rs.2000/- per mensum from his salary. 3. Petitioner now submits that Ext.P11 is the reply given by the Principal to the audit objections. It is stated that considering the reply filed, several of the audit objections have been dropped by the order of the Assistant Director and what remains is only some minor claims. Ext.P11 is dated 28.11.2007, where as it was by Ext.P10 dated 9.11.2007 the liability was fixed. In this writ petition what the petitioner now submits is that in view of the fact that by Ext.P11, several of the objections have been dropped as per Ext.P11, the liability fixed by Ext.P10 prior to Ext.P11 has to be reconsidered. 4. As already noticed, the liability was fixed by Ext.P10 WP(c).No.35050/2007 3 dated 9.11.2007. Ext.P11 in which many of the audit objections have been dropped is dated 28.11.2007. If that be so, at the time when the liability was fixed, the second respondent did not have Ext.P11 for consideration. This is obviously calls for reconsideration of the Ext.P10. 5. In view of this, I direct that the second respondent shall reconsider the fixation of liability effected by Ext.P10 taking into account Ext.P11 as well. This shall be done as expeditiously as possible and at any rate within six weeks on production of a copy of the judgment. 6. Needless to say that depending upon the fixation of liability to be done, fresh orders will be passed on the question of recovery if any that is to be effected from the petitioner. It is also directed that in case any excess amount has been recovered from the petitioner, necessary refund orders shall also be be passed immediately. Writ Petition is disposed of as above. ANTONY DOMINIC JUDGE vi. WP(c).No.35050/2007 4