IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 5TH SEPTEMBER 2011 / 14TH BHADRA 1933 WP(C).No. 23628 of 2011(C) -------------------------- PETITIONER(S): --------------- K.SREEDHARAN, S/O.NARAYANAN NAMBIAR, AGED 54 YEARS, 'SREERATNA', NEAR CHAKRAPANI TEMPLE, P.O.ELAMBACHI - 671311. BY ADV. SRI.MAHESH V RAMAKRISHNAN RESPONDENT(S): --------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR - 1. 2. THE HEADMISTRESS, NEAR SUBRAMANYA SHENOY MEMORIAL MUNICIPAL HIGHER SECONDARY SCHOOL, PAYYANNUR - 670 307. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 695 001 GOVERNMENT PLEADER, SHRI V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23628 of 2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE LETTER DT.30/12/2010 ISSUED BY THE OFFICE OF THE ACCOUNTANT GENERAL (A&E) KERALA, SUB TREASURY, PAYYANNUR EXT.P2 TRUE COPY OF THE GRATUITY PAYMENT ORDER DT.30/12/2010 PASSED BY THE OFFICE OF THE ACCOUNTANT GENERAL (A&E) KERALA. EXT.P3 TRUE COPY OF THE COMMUNICATION PAYMENT ORDER DT.30/12/2010 PASSED BY THE OFFICE OF THE ACCOUNTANT GENERAL (A&E) KERALA. EXT.P4 TRUE COPY OF THE VERIFICATION REPORT DT.30/12/2010 PASSED BY THE OFFICE OF THE ACCOUNTANT GENERAL (A&E) KERALA EXT.P5 TRUE COPY OF THE LETTER DT.11/05/2011 ISSUED BY THE AEO PAYYANNUR TO THE 2ND RESPONDENT. EXT.P6 TRUE COPY OF THE NOTICE NO.O.A.1(1)/9418/2011 DT.4/7/2011 ISSUED BY THE IST RESPONDENT TO THE PETITIONER. EXT.P7 TRUE COPY OF THE REPLY DT.17/07/2011 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P8 TRUE COPY OF THE RECEIPTS DT.22/05/2007 ISSUED BY SMT.T.V.THANKAMANI, HEADMISTRESS OF THE MUNICIPAL HIGH SCHOOL, PAYYANNUR. RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.23628/2011-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 5th day of September, 2011 J U D G M E N T The petitioner retired as P.D.Teacher on 02/07/2010. Already the pensionery benefits have been sanctioned by the Accountant General (A&E) as evident from Ext.P1. Exts.P2 and P3 are the proceedings showing the details of Gratuity Payment Order and Commutation Payment Order respectively. But, he could not draw the said amounts for want of Non-Liability Certificate and the Last Pay Certificate. It is in these circumstances, this writ petition has been filed. 2. The learned counsel for the petitioner submitted that Ext.P5 communication of the Assistant Educational Officer to the Headmistress will show that there is no liability as regards the petitioner and, therefore, there is no justification in not issuing the Non-Liability Certificate. The Non-Liability Certificate could not be issued for want of Last Pay Certificate and today, the learned Government Pleader submitted that the Last Pay Certificate has already W.P.(C). No.23628/2011 -:2:- been issued on 01/09/2011. Therefore, what remains is the issuance of the Non-Liability Certificate. Learned Government Pleader further submitted that audit report has already been forwarded to the Headmistress on 17/08/2011. Therefore, there will be a direction to the second respondent to issue the Non-Liability Certificate/Liability Certificate within three weeks from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms