IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 WP(C).No. 19421 of 2011(C) ---------------------------------------- PETITIONER(S): ----------------------- K.G.MAMACHAN, RETIRED HEADMASTER POLACHIRACKAL HIGH SCHOOL, PADAGIRI PO NELLIAMPATHY, NENMARA, PALAKKAD DISTRICT RESIDING AT ODUKKATHU,MULAVANA PO, KOLLAM. BY ADV. SRI.K.T.SHYAMKUMAR SRI.HARISH R. MENON RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT, 695 001. THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION PALAKKAD. 678 001. 3. THE DISTRICT EDUCATIONAL OFFICER PALAKKAD. 678 001. BY GOVT. PLEADER SRI.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.19421/2011 APPENDIX PETITIONER'S EXHIBITS P1:_ COPY OF THE ORDER DTD. 31.1.2009 ISSUED BY THE IST RESPONDENT. P2:- COPY OF THE ORDER DTD. 24.3.2010 ISSUED BY THE IST RESPONDENT. P3:- COPY OF THE INTERIM ORDER DT.D 7.7.2010 IN I.A. NO.8629/2010 IN WPC. 9158/2010. P4:- COPY OF THE ORDER DTD. 25.6.2010 ISSUED BY THE 3RD RESPONDENT. P5:- COPY OF THE REVISION PETITION DTD. 9.10.2010 FILED BY THE PETITIONER BEFORE THE IST RESPONDENT. P6:- COPY OF THE PENSION AND DCRG PAYMENT ORDER DT. 4.1.2011 ISSUED TO THE PETITIONER. P7:- COPY OF THE ORDER DT. 23.4.2011 ISSUED BY THE 2ND RESPONDENT. P8:- COPY OF THE LETTER DTD. 25.5.2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.19421/2011-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18th day of July, 2011 J U D G M E N T In this case the petitioner who has retired as a Headmaster is seeking for directions to the Government as well as the Deputy Director of Education respectively to consider and pass orders on Ext.P5 as well as Ext.P8. 2. Ext.P5 is the revision petition filed by the petitioner challenging the proceedings of the District Educational Officer issued as per Ext.P4. It is a case where the petitioner was subject to disciplinary action and was placed under suspension. But he was reinstated later and the present dispute is with regard to the direction in Ext.P4 to treat the period of suspension after regularisation as eligible leave. According to the petitioner, the period of leave ought to have been treated as duty for all purposes including pay and allowances. Evidently, the petitioner has been sanctioned pensionery benefits going by Ext.P6. It appears that there is a liability to the tune of W.P.(C). No.19421/2011 -:2:- Rs.612.30/- with regard to the said aspect. The petitioner has filed a representation as per Ext.P8 before the Deputy Director of Education, Palakkad for issuing the non-liability certificate after adjusting the amount of Rs.612.30. 3. Therefore, the writ petition is disposed of with the following directions:- i. There will be a direction to the Government to take a decision on Ext.P5 revision petition after hearing the petitioner within a period of five months from the date of receipt of a copy of this Judgment. ii. There will be a direction to the second respondent to consider the request made by the petitioner in Ext.P8 and release the admissible amounts of D.C.R.G after issuance of Non-Liability Certificate after acceding to the request of the petitioner for adjusting the amount of Rs.612.30. The same shall be done within one month from the date of receipt of a copy of this Judgment. W.P.(C). No.19421/2011 -:3:- The petitioner will forward a copy of the writ petition along with a copy of the Judgment to the respective respondents for compliance. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms