IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 WP(C).No. 29723 of 2010(M) -------------------------- PETITIONER(S): --------------- C.J.GEORGE, AGED 55 YEARS, S/O.JOSEPH,CHERAKKALMATTATHIL HOUSE, THRIKKLATHUR PO, MUVATTUPUZHA. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.S.PRAVEEN RESPONDENT(S): --------------- 1. THE GOVT.OF KERALA,REP.BY SECRETARY GENERAL EDUCATION DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM-PIN-695 001. 2. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM,PIN-682 011. 3. THE ASSISTANT EDUCATIONAL OFFICER, VYPEEN, ERNAKULAM,PIN-682 502. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.29723 of 2010 --------------------------------------------- Dated this the 20th day of October, 2010 JUDGMENT The petitioner retired as Physical Education Teacher from an aided school on 31.3.2010. It is stated that even before retirement, the necessary papers and documents were forwarded to the Deputy Director of Education. However, the pensionary benefits were not given to the petitioner even after six months of his retirement. It is stated that the petitioner made enquiries and came to know that the pensionary benefits were not disbursed on account of non regularisation of his pay fixation from 1.3.1992 onwards, excluding leave without allowance. It is also stated that as per Exhibit P1, the pay fixation was regularised. Even thereafter, the pensionary benefits were not given to the petitioner. 2. The reliefs prayed for in the Writ Petition are the following : WPC No.29723/2010 2 “(i) issue a writ of mandamus or such other writ, order or direction, directing the respondents to release the retirement/pensionary benefits of the petitioner forthwith. (ii) grant such other order or direction as this Honourable Court may deem fit and proper in the facts and circumstances of the case.” 3. The learned Government Pleader, on instructions, submitted that leave without allowance was availed by the petitioner for a period of 290 days without medical certificate. That period was also taken as qualifying service for granting Increment, Grade fixation and Pay Revision. This was pointed out by the Deputy Director as an irregularity and therefore, a direction was issued to regularise the Increments, Grade, Pay Revision etc. Copy of the objection was forwarded to the Headmaster directing him to refix the pay of the petitioner and to get refund of the excess pay drawn. The Headmaster submitted a reply to the audit objection, which was forwarded by the Assistant Educational Officer to the Deputy Director of WPC No.29723/2010 3 Education. The Deputy Director rejected the reply and directed the Assistant Educational Officer to refix the pay of the petitioner. Accordingly, the pay of the petitioner was revised. The Headmaster was directed to resubmit the revised pension proposal which was done by him. The service book of the petitioner was resubmitted to the Deputy Director. It is also submitted that the pensionary benefits of the petitioner were sanctioned by the Assistant Educational Officer and the proposal was forwarded to the Accountant General for authorising pensionary benefits. The learned Government Pleader also submitted that the petitioner has liabilities to various financial institutions. It is submitted that the pension would be disbursed after receipt of authorisation from the Accountant General and the DCRG would be given after adjusting the liabilities. 4. In the light of the submissions made by the learned Government Pleader, I do not think that the reliefs prayed for in the Writ Petition can be granted at this stage. However, the respondents are directed to expedite the proceedings and to WPC No.29723/2010 4 finalise the matters, as expeditiously as possible. The petitioner shall also co-operate with the respondents in the matter of finalising the matters. The Writ Petition is disposed of as above. K.T.SANKARAN JUDGE csl