IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931 WP(C).No. 19152 of 2008(E) ---------------------------------------- PETITIONER(S): -------------------------- DR.S.RAMACHANDRAN, RTD. PRINCIPAL, S.V.R.N.S.S. COLLEGE, VAZHOOR, KOTTAYAM DISTRICT, RESIDING AT THEKKANATTU, KIDANGOOR, KOTTAYAM 686 572. BY ADVS.MR.S.HARIKRISHNAN, MR.C.UNNIKRISHNAN (KOLLAM) RESPONDENT(S): --------------------------- 1. STATE OF KERALA REP. BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETRIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTPAURAM. 3. THE ACCOUNTANT GENERAL (A & E), THIRUVANANTPAURAM. 4. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. 5. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE. 6. THE PRINCIPAL, S.V.R.N.S.S.COLLEGE, VAZHOOR, KOTTAYAM DISTRICT. 7. THE PRINCIPAL,P.R.N.S.S.COLLEGE, MATTANUR, KANNUR DISTRICT. 8. THE SUB TREASURY OFFICER, MEENACHIL,KOTTAYAM DISTRICT. R1 TO R5 BY GOVERNMENT PLEADER SMT.T.B. REMANI R6 BY MR.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE MR.P.GOPAL, MR.RAJAN NAMBRATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.19152/2008 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE REPORT OF PENSIONNARY CLAIMS DTD.25/01/2007 ISSUED BY THE 2ND RESPONDENT. P2: COPY OF THE COMMUNICATION NO.PF5(1)38585.07 ISSUED IN DECEMBER 2007 ENCLOSING THE DETAILS OF MISSING CREDIT. P3: COPY OF THE G.O.(P) NO.38/07/(33)/FIN. DTD. 31/01/2007 ISSUED BY THE 1ST RESPONDENT. P4: COPY OF THE REPRESENTATION DTD. 9/06/2008 SUBMITTED BEFORE RESPONDENTS 3, 4 & 6. P4(A): COPY OF THE ACKNOWLEDGEMENT CARDS. P5: COPY OF THE LIABILITY CERTIFICATE DTD. 15/09/2008 ISSUED BY 5TH RESPONDENT. P5(A): COPY OF COMMUNICATION FROM 5TH RESPONDENT TO THE 4TH RESPONDENT. P6: COPY OF THE REPRESENTATION DTD. 5/03/2009 SUBMITTED BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.19152/2008-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of June, 2009 J U D G M E N T The petitioner herein retired from service on 31/03/2007 while working as a Principal of the S.V.R.N.S.S College, Vazhoor. The main grievance raised in the writ petition is regarding the non disbursement of the revised pensionery benefits allowed as per G.O.(P).No.38/07/(33).Fin dated 31/01/2007. The petitioner had a further grievance regarding the non disbursement of provident fund amount as well as earned leave surrender benefits and final settlement of Group Insurance and Family Benefit Scheme amounts due to him. Presently, it is submitted that except the sanction of revised pension in accordance with the Government Order that is mentioned, the other benefits have been drawn and disbursed to him. 2. Heard the learned counsel for the Management. It is averred in paragraph (12) of the counter affidavit filed by the sixth respondent that the proposal for the revised pension of the petitioner was forwarded to the Deputy Director of Collegiate Education, Kottayam for obtaining his counter signature. The Deputy Director of Collegiate Education noted certain defects in the proposal for the sanction of revised pension and W.P.(C). No.19152/2008 -:2:- returned the same for curing the defects along with letter dated 20/03/2008. On receipt of the same and after curing the defects, the papers have been resubmitted to the Deputy Director of Education on 13/05/2008 and the matter is pending before him. 3. The petitioner has got a further grievance that from the D.C.R.G that is payable, a liability to the tune of Rs.39,125/- has been withheld, and against the same he has filed Ext.P6 representation before the Director of Collegiate Education (the second respondent). Therefore, the writ petition is disposed of in the following terms. The Deputy Director of Collegiate Education, Kottayam, (the fourth respondent) will forward the revised proposal for pension submitted by the sixth respondent college for sanction, to the second respondent within three weeks from the date of receipt of a copy of this judgment. Thereafter, the second respondent will take up the proposal and pass final orders within a further period of two months. The second respondent will consider Ext.P6 representation and pass appropriate orders regarding the liabilities sought to be fixed against the petitioner, after hearing the petitioner, within the above period. The writ petition is disposed of accordingly. (T.R. Ramachandran Nair, Judge.) ms