IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 WP(C).No. 25220 of 2005(B) -------------------------- PETITIONER(S): --------------- N.A. JOSEPH, S/O.N.X. ANTONY, NJADIPARAMBU HOUSE, EZHUPUNNA P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.T.S.JOHN SRI.M.S.RADHAKRISHNAN NAIR RESPONDENT(S): --------------- 1. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF PUBLIC INSTRUCTION, D.P.I. OFFICE, KAKKANAD, ERNAKULAM. 4. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM. 5. THE ASSISTANT EDUCATIONAL OFFICER, MATTANCHERRY, ERNAKULAM. 6. THE MANAGER, ST. ANTONY'S U.P. SCHOOL PALLURUTHY, ERNAKULAM DISTRICT. 7. THE HEADMISTRESS, ST.ANTONY'S U.P.SCHOOL PALLURUTHY, ERNAKULAM DISTRICT. 8. THE SUB TREASURY OFFICER, MATTANCHERRY, ERNAKULAM DISTRICT. 9. THE SUPERINTENDENT OF POLICE, VIGILANCE & ANTI CORRUPTION BUREAU, CENTRAL RANGE, ERNAKULAM. ADV. SRI.C.S.MANU FOR R5 & 6 SRI.ANOOP JOSEPH FOR R5 & 6 SMT. T.B. REMANI, SR. GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25220 of 2005 APPENDIX Petitioners Exhibits: Ext.P1: True copy of representation dt.4.11.2003 submitted by petitioner before second respondent. Ext.P2: Copy of representation dated 15.11.2003 submitted before the 6th respondent Manager Ext.P3: True copy of complaint dated 13.11.2003 submitted before the 9th respondent. /True copy/ P.A. To Judge T.R. RAMACHANDRAN NAIR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 25220 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of December, 2009 J U D G M E N T The petitioner herein is a retired Headmaster of St.Antony's Upper Primary School, Palluruthy. The main allegation in the writ petition is that the amount of D.A to tune of Rs.3,600/-, even though, was drawn by the 7th respondent from the 8th respondent, it was not disbursed to the petitioner. The petitioner submitted a complaint to the 3rd respondent, Deputy Director of Education in the matter as per Ext.P1. Ext.P2 is the copy of the representation which the petitioner sent to the 6th respondent Manager in the matter. 2. The 7th respondent has filed a counter affidavit pointing out that the amount was forwarded to the petitioner through the peon of the school. The petitioner did not collect the amount. A registered letter was sent which returned unserved. It is pointed out that later an enquiry was conducted in the matter, obviously in the light of the complaint filed by the petitioner. Ext.R7(f) is the report submitted by the Deputy Director of Education to the Director of Public Instruction. 2. Learned counsel for the 7th respondent submits that a reading of Ext.R7(f) will show that all actions have been taken by WPC.25220 of 2005 : 2 : the 7th respondent and it is because of the non cooperation of the petitioner, that the amount could not be disbursed to him. It was revealed from the enquiry that even though, all teachers were telephonically informed, except the petitioner all the other teachers came and received the amount. The peon was sent to his residence as he could not be contacted over phone. Even though the petitioner was asked to take the money during the time of hearing also, he did not receive it. Therefore, it is concluded that the petitioner was deliberately avoiding the matter only to create trouble to the Headmistress. 3. Ext.R7(b) is the Chalan receipt showing the remittance of the amount to the treasury. 4. Therefore it open to the petitioner to approach the concerned treasury officer with due authorization. 5. There will be a direction to the Dy. Director of Education to issue appropriate authorization to the petitioner to enable him to draw the amount. Appropriate action shall be taken within one month from the date of receipt of a copy of this judgment. (T.R. RAMACHANDRAN NAIR, JUDGE) jma