IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 OP.No. 160 of 1999(R) --------------------- PETITIONER(S): --------------- M. MOHAMMED BASHEER, S/O. MOHAMMED SALI, AGED 63, VALIYAVILAKOM, MADANVILA, PERUMATHURA P.O., CHIRAYINKIL TALUK. BY ADV. SRI.G.S.REGHUNATH SRI.MOHAN JACOB GEORGE RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, EDUCATION, TRIVANDRUM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, TRIVANDRUM. 3. THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL. 4. ASST. EDUCATIONAL OFFICER, ATTINGAL. 5. THE MANAGER, SHAMSUL ISLAM U.P.SCHOOL, MADANVILA, PERUMATHURA P.O., TRIVANDRUM DIST. ADV. SRI.A.M.MUKTHAR GOVERNMENT PLEADER SRI. T.K. VIPIN DAS. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/02/2009, THE COURT ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 160/1999. --------------------------------------------------------- EXT.P1 TRUE COPY OF REPRESENTATION DT. 27-12-1997. EXT.P2 TRUE COPY OF LEAVE APPLICATION. EXT.P3 TRUE COPY OF NOTICE. EXT.P4 COPY OF ACKNOWLEDGEMENT RECEIPT. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 160 of 1999 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 17th February, 2009. J U D G M E N T The petitioner retired from service as a U.P.School Teacher from an aided school managed by the 5th respondent on 30-4-1995. Petitioner's grievance in this original petition is that retirement benefits due to the petitioner have not been paid on account of want of regularisation of leave applied for, for the period from 1-2-1995 to 20-4-1995, during which period, he was in police custody as an accused in a murder case. 2. In the counter affidavit, it is stated thus in paragraph 5: “5. It is further submitted that the application for DCRG was received in the office of the Assistant Educational Officer, Attingal on 16-11-1995. But for want of regularisation of service the same could not be forwarded to the Accountant General. As per the interim order of the Honourable High Court on 17.3.99, the DCRG in respect of Sri. M. Mohammed Basheer was sanctioned amounting to Rs.20,083/- as per office order No. D- 8993/94 dated 1.1.2000 and the same was forwarded to the Accountant General for authorising payment through the Sub Treasury, Attingal. The Accountant General in letter No.PR2/Pen A/PR/774/99-2000/120 dated 9-6-2000 has admitted the claim along with the direction to submit the Non-liability Certificate to the Treasury and to make the entry of service verification with effect from 1.7.1993 so as to obtain the pay drawn for the last ten months of qualifying service. The Non-liability Certificate has already been forwarded to the Treasury on 30-6-2000. Hence the incumbent can claim the DCRG from the Treasury directly. No information has been received from the head of the school on the point whether the incumbent has since received the DCRG from the Treasury, Attingal.” In C.M.P.No. 237/1999, there was a direction to pay the DCRG due to the petitioner less any liability. Learned counsel for the petitioner now submits that DCRG has already been paid. O.P. No. 160/1999. -: 2 :- In the above circumstances, the original petition is disposed of with a direction to the respondents to pay other retirement benefits, if any, due to the petitioner, if not already paid. S. Siri Jagan, Judge. Tds/