IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 WP(C).No. 35060 of 2008(W) -------------------------- PETITIONER(S): --------------- JOSEPH A.T, S/O THOMAS, EDAPPATTUKAVUNGAL HOUSE, MARIKA.P.O, KOOTHATTUKULAM. BY ADV. SRI.P.SANJAY SRI.A.PARVATHI MENON SRI.BIJU MEENATTOOR RESPONDENT(S): --------------- 1. THE HEADMASTER, ST SEBASTIAN'S HIGHER SECONDARY SCHOOL, VAZHITHALA.P.O, KOOTHATTUKULAM (VIA), ERNAKULAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI DISTRICT, THODUPUZHA. 3. THE NOTE BOOK OFFICER, TEXT BOOK OFFICE, PADMAVILASAM, FORT TRIVANDRUM. BY GOVT. PLEADER SRI. T.T.MOHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.35060/2008 ----------------------------------------------------------- Dated this the 28th day of November, 2008 JUDGMENT Petitioner was a Physical Education Teacher of the School, of which the first respondent is the Headmaster. It is stated that, the school was chosen for manufacturing books and books were accordingly made but could not be sold for poor quality. It is stated that, although he had no responsibility for the loss allegedly sustained, Ext.P2 preliminary order was passed proposing to fasten liability of Rs.49,332/- on the petitioner. Petitioner submits that disputing the liability he filed Ext.P3 reply and while the matter stood as above, he retired from service on 31.3.2008. Subsequent to his retirement by Ext.P4, it is stated that the Headmaster informed the petitioner that the liability certificate will be issued with the liability mentioned WP(c).No.35060/08 2 in Ext.P2. There upon the petitioner again represented the matter before the 2nd respondent by filing Ext.P5. In this writ petition what the petitioner contends is that, without taking note of Exts.P3 and P5, the liability as per Ext.P4 is sought to be enforced and his entire terminal benefits are withheld. 2. Now that in response to Ext.P2, the petitioner has disputed his liability by filing Exts.P3 and P5, it is necessary that the 2nd respondent should consider the matter in the light of the objections filed by the petitioner and pass final order in the matter. This according to the petitioner has not been done and therefore I direct that the second respondent shall consider the objections filed by the petitioner against Ext.P2, vide Exts.P3 and P5 and pass final orders in this matter. This shall be done as expeditiously as possible and at any rate within 8 weeks from the date of production of a copy of the judgment. WP(c).No.35060/08 3 In the meanwhile, it is also directed that the respondents 1 and 2 shall take steps to disburse the undisputed portion of the terminal benefits which is due to the petitioner. This order is passed, taking into account the submission of the counsel for the petitioner that the DCRG has already been sanctioned. ANTONY DOMINIC JUDGE vi. WP(c).No.35060/08 4