IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 29614 of 2008(A) --------------------------------------- PETITIONER(S): ----------------------- P.M. MYTHEEN, S/O. MAKKAR, AGED 56 YEARS, SENIOR SUPERINTENDENT (RETIRED), ASSISTANT EDUCATIONAL OFFICE, KOTHAMANGALAM, (RESIDING AT PATHIKKAMATTAM PUTHENPURA, VANDUVAZHI, KARUKADAM, KOTHAMANGALAM-686 691. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE ACCOUNTANT GENERAL (A&E), KERALA, TRIVANDRUM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KAKKANAD, ERNAKULAM-30. 4. THE ASSISTANT EDUCATIONAL OFFICER, KOTHAMANGALAM, ERNAKULAM DISTRICT. 5. THE SUB TREASURY OFFICER, KOTHAMANGALAM, ERNAKULAM DISTRICT. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ===================== W.P(C).No.29614 of 2008 ===================== Dated this the 29th day of October, 2008. JUDGMENT The petitioner retired from service on 31.5.2007 on attaining the age of superannuation. The pensionary benefits other than the gratuity were disbursed to him shortly thereafter. By order passed on 14.11.2007, the second respondent sanctioned to the petitioner the sum of Rs.2,42,160/- as death cum retirement gratuity. When the death cum retirement gratuity was not disbursed for want of non-liability certificate from the superior officers, the petitioner filed W.P.(C) No.11902 of 2008. By Ext.P4 judgment delivered on 26.5.2008, this Court directed the respondents to complete the audit enquiry and finalise the same after affording the petitioner an opportunity of being heard, within three months from the date of receipt of a copy of the judgment. There was also a further direction that thereupon the NLC/LC shall be issued and forwarded to the concerned Treasury Officer, so as to enable the petitioner to receive the gratuity. In this Writ Petition, the petitioner complains that notwithstanding the fact that NLC was issued and forwarded by the Director of Public Instruction to the Sub Treasury Officer, Kothamangalam along with Ext.P5 letter dated 25.9.2008, till date the death cum retirement gratuity has not been released to him. 2. Smt. Anu Sivaraman, the learned Government Pleader appearing WP(C) 29614/08 -: 2 :- for the respondents submits on instructions that the NLC has been issued and that there is no impediment in disbursing the death cum retirement gratuity sanctioned as per Ext.P1 to the petitioner. In the light of the said submission, I dispose of the Writ Petition with a direction to the fifth respondent to disburse to the petitioner the death cum retirement gratuity sanctioned as per Ext.P1 within two weeks from the date on which the petitioner produces a certified copy of this judgment. If payment as directed above is not made, the petitioner will be entitled to interest at 7.5% per annum from 1.10.2008 till the date of payment and the State Government shall take steps to pay the same and recover the interest from the officers responsible for not making the payment within the time stipulated above. P.N.Ravindran, Judge. ess 4/11