IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 27TH AUGUST 2008 / 5TH BHADRA 1930 WP(C).No. 24083 of 2008(P) -------------------------- PETITIONER: ------------ K.P.SREEDEVI, AGED 57 YEARS, D/O.LATE RAGHAVA WARRIER, SREE KRISHNA VIHAR, P.O.MEZHATHUR, VIA.TRITHALA, PALAKKAD DIST. PIN 679 534. BY ADV. SRI.K.RAMAKUMAR (SR.) ADV. SRI.T.RAMPRASAD UNNI ADV. SMT.SMITHA GEORGE RESPONDENTS: ------------------ 1. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 2. THE ASSISTANT EDUCATIONAL OFFICER, PALAKKAD. BY GOVERNMENT PLEADER ADV. SHRI A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 24083 OF 2008 ............................................................................ Dated this the 27th August , 2008 J U D G M E N T The petitioner retired from service on 31.03.2007 as Headmistress of G.L.P. School, Vattenad, Palakkad district. Her grievance is that the DCRG payable to her has not been paid till date. The petitioner submitted Ext.P1 representation to the Assistant Educational Officer, pointing out her grievances. It is pointed out in Ext. P1 that the reason for not releasing the DCRG was non- issuance of Non Liability Certificate/Liability Certificate . Ext.P1 representation was replied by the Assistant Educational Officer by Ext. P2 letter dated 15.07.2008. In Ext.P2 letter, it is stated that the Assistant Educational Officer has not got any reply in respect of the audit objections and that Ext. P1 representation has been forwarded to the Deputy Director of Education for further steps. 2. The reliefs prayed for in the Writ Petition are the following: “i) to issue a Writ of Mandamus or any other appropriate writ, order or direction commanding the respondents to take steps to grant the petitioner Death-Cum-Retirement Gratuity forthwith; ii) to issue a Writ of Mandamus or any other appropriate writ, order or direction commanding the 1st respondent to consider and pass appropriate orders on Ext. P1 W.P.(C) No. 24083 OF 2008 2 representation of the petitioner forthwith; iii) to issue such other writs, orders or directions as this Hon'ble Court may deem fit and proper in the circumstances of the case.” 3. It cannot be disputed that a final decision in the matter of disbursement of DCRG should be taken without delay. If there is any liability, the petitioner has to discharge that liability. If there is no liability, Non Liability Certificate is liable to be issued urgently. Anyhow, an early disposal of the matter by the first respondent, the Deputy Director of Education, is required . In the facts and circumstances of the case, the Writ Petition is disposed of directing the first respondent to consider Ext.P1 representation and dispose of the matter as expeditiously as possible and at any rate within a period of two months, after affording an opportunity of being heard to the petitioner, irrespective of the fact that Exhibit P1 is addressed to the Assistant Educational Officer with copy to the Deputy Director of Education. It is made clear that the petitioner would be entitled to produce such other materials and documents, as are relevant, before the first respondent in support of her contention. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent without delay. K.T. SANKARAN, JUDGE. W.P.(C) No. 24083 OF 2008 3 lk