IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 WP(C).No. 27625 of 2011(C) -------------------------- PETITIONER: --------------- NANDAKUMARAN V.K, PRINCIPAL (RETIRED) HARI VIHAR,THAMARAKULANGARA, THRIPPUNITHURA,ERNAKULAM,KERALA 682 301 BY ADV. SRI.P.BHASKARAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM-695 001 3. THE ACCOUNTANT GENERAL OF KERALA (A&E), THIRUVANANTHAPURAM-695 001 4. THE SUB TREASURY OFFICER, THRIPUNITHURA-31 BY SR.GOVT.PLEADER SHRI M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.27625/11 PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE VERIFICATION REPORT DATED 17.8.2011 ISSUED BY THE 3RD RESPONDENT. EXT.P2 TRUE COPY OF THE INTIMATION SLIP DATED 17.8.2011 ISSUED BY THE 3RD RESPONDENT. EXT.P3 TRUE COPY OF THE PAYMENT ORDER OF DCRG DATED 17.8.2011 ISSUED BY THE 3RD RESPONDENT. EXT.P4 TRUE COPY OF THE COMMUNICATION PAYMENT ORDER DT.17.8.2011 ISSUED BY THE 3RD RESPONDENT. EXT.P5 TRUE COPY OF LPC ISSUED BY THE 4TH RESPONDENT DATED 28.6.2010 EXT.P6 TRUE COPY OF THE AFFIDAVIT FILED BY THE PETITIONER DATED 16.9.2011 EXT.P7 TRUE COPY OF THE CERTIFICATE DT.4.10.2011 ISSUED BY THE VILLAGE OFFICER EXT.P8 TRUE COPY OF THE WRITTEN REQUEST DATED 5.9.2011 BY THE PETITIONER TO THE 4TH RESPONDENT. EXT.P9 TRUE COPY OF THE WRITTEN REQUEST DATED 12.9.2011 BY THE PETITIONER TO THE 4TH RESPONDENT. EXT.P10 TRUE COPY OF THE WRITTEN REQUEST DATED 16.9.2011 BY THE PETITIONER TO THE 4TH RESPONDENT. EXT.P11 TRUE COPY OF THE WRITTEN REQUEST DATED 19.9.2011 BY THE PETITIONER TO THE 4TH RESPONDENT. EXT.P12 TRUE COPY OF THE LETTER DATED 14.9.2011 ISSUED BY THE 4TH RESPONDENT. EXT.P13 TRUE COPY OF THE COVERING LETTER DATED 7.10.2011 ISSUED BY THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R4(A): COPY OF TREASURY SAVINGS BANK LEDGER. EXT.R4(B): COPY OF APPLICATION FOR ISSUING LAST PAY CERTIFICATE ON HIS TRANSFER TO KODENCHERRY. EXT.R4(C): COPY OF REPORT OF TRANSFER OF CHARGE ON 24.6.2010. EXT.R4(D): COPY OF LETTER DT.20.8.11. EXT.R4(E): COPY OF AUTHORISATION ISSUED BY THE ACCOUNTANT GENERAL. EXT.R4(F): COPY OF LETTER DT.4.5.11 OF THE ACCOUNTANT GENERAL. TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.27625 of 2011 -------------------------------------------------- DATED THIS THE 17th DAY OF NOVEMBER, 2011 JUDGMENT The petitioner is seeking for a direction to the 4th respondent to disburse the pensionary benefits forthwith. The further prayer is for a direction to the 1st respondent to pay interest for the delayed payment. 2. The matter is in a short compass. The pensionary claims of the petitioner were admitted and sanctioned as evident from Exhibits P1 to P4 documents. It is the case of the petitioner that when he contacted the Sub Treasury Officer, the said Officer was reluctant to make the payment on a flimsy ground that the name of the petitioner has been shown as V.K.Nandakumar instead of V.K.Nandakumaran in the Last Pay Certificate issued by the District Treasury Officer, Thamarassery. 3. It is the case of the petitioner that mistake in the name of the petitioner originated from the Office of the very same Treasury Officer who had earlier forwarded the Last Pay Certificate to the institution to which the petitioner had been W.P.(C)No.27625/11 -2- previously transferred(Exhibit P5). It is stated that in Exhibit P5, the Treasury Officer used the name as V.K.Nandakumar instead of V.K.Nandakumaran. 4. The petitioner later produced various documents to prove the identity also and delay occurred further in spite of submitting representations Exhibits P8 to P11 and it is in these circumstances that this Writ Petition has been filed. 5. Exhibit P12 is the communication issued by the Sub Treasury Officer to the Accountant General, with copy to the petitioner, wherein a clarification is sought as to whether payment can be made to Shri V.K.Nandakumaran on the strength of the Last Pay Certificate received in the name of Shri V.K.Nandakumar. Therefore, the stand taken by the petitioner is that there is no substance in the objection raised. 6. A counter affidavit has been filed by the 4th respondent. The stand taken in paragraph No.4 of the counter affidavit filed by the 4th respondent is that on verification of the documents produced by the petitioner it was noted that the name of the petitioner shown in the documents differ from the name shown in Exhibit P1 forwarded by the Accountant General. In the W.P.(C)No.27625/11 -3- last Pay Certificate forwarded by the Rural District Treasury Officer, Thamarassery, petitioner's name is entered as Nandakumar V.K. The 4th respondent took charge as Sub Treasury Officer, Tripunithura on 27.8.2011. It is also explained that on verification of the documents, it was found that prior to his transfer to Government College, Kodencherry, the petitioner was working as Lecturer (Selection Grade) and as Principal in charge at Government College, Tripunithura. During his service at Government College, Tripunithura, the petitioner always used his name as V.K.Nandakumar in almost all the documents. The petitioner also maintained a treasury savings bank account with number TSB 5219 at the Treasury Office by showing his name as V.K.Nandakumar. The petitioner made transactions in the account with cheque book having his name entered as V.K.Nandakumar. Photocopy of the treasury savings bank ledger has been produced as Exhibit R4(a). It is also submitted that the petitioner submitted an application for issuing last pay certificate on his transfer to Government College, Kodencherry along with Report of Transfer of Charge on 26.6.2010. In both the above documents, the petitioner has noted his name as W.P.(C)No.27625/11 -4- V.K.Nandakumar. Those documents have been produced as Exhibits R4(b) and R4(c). It is therefore submitted that, it was on the basis of the above application, last pay certificate dated 28.6.2010 was forwarded to the Rural District Treasury Officer, Thamarassery by issuing the copy of the same to the petitioner. 7. It is further explained that in the pension sanctioned as per Exhibit P1, name of the petitioner is shown as V.K.Nandakumaran. But in Exhibit R4(d) letter which is forwarded by the petitioner, the name is shown as V.K.Nandakumar. It is also pointed out that in Exhibit R4(e) also the name is shown as V.K.Nandakumar. Therefore, according to the Treasury Officer, the petitioner should have taken steps to correct the name at the appropriate time. Thus, the stand taken is that clarification was sought, as various documents reflected the names differently. 8. The petitioner has filed a reply affidavit also. 9. The learned Government Pleader submitted that already the authorisation has been issued by the Accountant General by correcting the name of the petitioner as V.K.Nandakumaran and communication has been issued to the W.P.(C)No.27625/11 -5- petitioner to present the same. A copy of the order was placed for perusal by the learned Government Pleader, which is dated 3.11.2011 and the operative portion of the order reads as follows: “Hence the name of the Officer may please be corrected as V.K.NANDAKUMARAN in all Treasury Records and a revised Last Pay Certificate may please be issued to the Sub Treasury Officer, Tripunithura treating this letter as authority. The case may please be treated as most urgent so as to draw his pensionary benefits at an early date.” 10. The direction therein is to correct the name of the petitioner as V.K.Nandakumaran in all Treasury records and to issue a revised Last Pay Certificate. It is submitted that thereafter communications have been issued to the petitioner also in that regard. The learned Government Pleader submitted that the petitioner can present himself before the Sub Treasury Officer, Tripunithura for getting the amounts disbursed. 11. The learned counsel for the petitioner submitted that his client is pressing for payment of interest for the delayed W.P.(C)No.27625/11 -6- payment. Leaving open the remedy of the petitioner to seek such a relief in appropriate proceedings, the Writ Petition is disposed of with a direction to the Sub Treasury Officer, Tripunithura to see that the amount is disbursed to the petitioner expeditiously, at any rate, within ten days from today. No costs. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn