IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 32448 of 2007(K) -------------------------- PETITIONER: ------------------ K.KAMALA, (RETIRED PRINCIPAL, GOVERNMENT HIGHER SECONDARY SCHOOL,PIRAVOM,) RESIDING AT CHOZHIYATHUKUNNEL, ERAVIMANGALAM P.O. (VIA) MUTTUCHIRA, KURUPPANTHARA, KOTTAYAM DISTRICT. PIN 686 613. BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.S.A.ANAND SRI.JOVY GEORGE VARGHESE RESPONDENT(S): ------------------------ 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS SANTHI NAGAR, THIRUVANANTHAPURAM PIN 695 001. 3. THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION ERNAKULAM PIN 682 024. 4. THE ACCOUNTANT GENERAL ( A& E) KERALA, THIRUVANANTHAPURAM PIN 695 039. ADDL. R5 IMPLEADED -------------------------------- THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM; IS SUO MOTO IMPLEADED AS PER ORDER DATED 8.2.11. ADDL.R5 BY GOVERNMENT PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/10/2011, HE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32448 of 2007(K) ---------------------------------------- APPENDIX -------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF THE LETTER NO.5/2639/PENSION/RODE/06 OF THE 3RD RESPONDENT ADDRESSED TO THE 4TH RESPONDENT DATED 9.5.2006. EXT.P2. COPY OF THE ORDER NO.A4/1119/06 DATED 12.6.2006 OF THE 3RD RESPONDENT. EXT.P3. COPY OF THE REPRESENTATION DATED 3.10.2007 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT WITH COPIS TO THE RESPONDENTS 2 AND 3. RESPONDENT'S EXHIBITS : NIL ------------------------------------- / TRUE COPY / P.A. TO JUDGE VK S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.32448 OF 2007 ---------------------------------------------- Dated this the 11th day of October, 2011 JUDGMENT The petitioner retired from service on 31.3.2006 as the Principal of a Government Higher Secondary School, Piravom. The petitioner filed this writ petition aggrieved by non-disbursal of retirement benefits due to the petitioner. Pending disposal of the writ petition, the petitioner has been given all other benefits except three. The first is regarding Headmaster's grade. The second is regarding special allowance payable to the petitioner while the petitioner was holding charge of the functions of the Principal, at the rate of Rs.250/- per month. The third is regarding the benefits available to the petitioner attached to the post of Principal. The eligibility of the petitioner for these benefits is not in dispute. The only issue now raised before this Court is as to who is the competent authority to sanction and disburse those benefits. The Deputy Director of Education, Ernakulam would take the stand that he is not the person having the authority to do so. The Deputy Director Education, Kottayam W.P.(C)No.32448/07 2 also disowns responsibility. 2. I am of opinion that this impasse shall not continue. Accordingly, I direct the 1st respondent to see that the appropriate authority considers the mater and sanctions and disburses the benefits due to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. The 1st respondent shall issue appropriate orders to the competent authority to sanction and disburse the benefits to the petitioner within one month from the date of receipt of a copy of this judgment. The appropriate authority so designated by the 1st respondent shall sanction and disburse the benefits to the petitioner within two months thereafter. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE acd W.P.(C)No.32448/07 3 W.P.(C)No.32448/07 4