IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 32095 of 2008(U) --------------------------------------- PETITIONER: ------------------- R.RAVEENDRAN NAIR, RETD.AST.EDUCATIONAL OFFICER, `SOWPARNIKA', MANGALAM, WADAKKANCHERY R.S P.O., THRISSUR-680 623. BY ADV. MR.ELVIN PETER P.J. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR 4. DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR. R1 TO R4 BY GOVT. PLEADER SMT. M.R. SREELATHA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.32095/2008-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 10/08/2007 ISSUED BY THE ACCOUNTANT GENERAL TO THE PETITIONER. EXT.P.2: COPY OF THE COMMUNICATION DT. 15/12/04 ISSUED BY THE ADMINISTRATOR, KERALA STATE COUNCIL FOR CHILD WELFARE. EXT.P.3: COPY OF THE TELEGRAM SENT BY THE R.4. TO THE PETITIONER. EXT.P.4: COPY OF THE COMMUNICATION DT. 31/03/2005 SENT BY THE PETITIONER TO THE R.2. EXT.P.5: COPY OF THE CIRCULAR DTD. 21/02/2005 ISSUED BY THE R.4. EXT.P.6: COPY OF THE MEMO DTD. 19/05/2007 ISSUED BY THE R.4. EXT.P.7: COPY OF THE ORDER DTD. 02/09/2008 ISSUED BY THE R.2. EXT.P.8: COPY OF THE REPRESENTATION DTD. 15/09/2008 SUBMITTED BY THE PETITIONER TO THE R.1. EXT.P.9: COPY OF THE ORDER, G.O. DTD. 28/05/2009 ISSUED BY THE GOVERNMENT. EXT.P.10: COPY OF THE ORDER DTD. 18/07/2009 ISSUED BY THE R.3. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.32095 OF 2008 --------------------------------------- Dated this the 22nd day of October, 2009. J U D G M E N T The petitioner who retired from service as Assistant Educational Officer filed this writ petition challenging Exhibits P6 and P7 wherein an amount of Rs.32,000/- is shown as personal liability. The total amount of D.C.R.G which was sanctioned to the petitioner is Rs.3,30,000/-. 2. The petitioner has produced along with I.A.No.12906 of 2009, an order Exhibit P9 passed by the Government wherein the liability fixed against the petitioner has been set aside. It is clear from the said order that the liability is ordered to be fixed against the then District Educational Officer, Chavakkad. The Government has decided therein to initiate disciplinary action against the then Deputy Director of Education, Thrissur for not complying with the directions of higher authorities which paved the way for litigation. 3. Thereafter, by Exhibit P10, the Sub Treasury Officer has W.P.(C) No.32095/2008 2 been directed to release an amount of Rs.32,000/-. Learned counsel for the petitioner submits that so far the amount has not been disbursed. In the light of the above, the petitioner is entitled to succeed in the writ petition. As the fixation of liability to the tune of Rs.32,000/- stands set aside by the Government as per Exhibit P9, there will be a direction to the 3rd respondent to see that the withheld amount of Rs.32,000/- is disbursed to the petitioner within a period of three weeks from the date of production of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp