IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 5TH OCTOBER 2010 / 13TH ASWINA 1932 WP(C).No. 4333 of 2010(N) ------------------------- PETITIONER(S): --------------- C.L.USHAKUMARI, RETD.HEADMISTRESS, E.C.E.K.UNION HIGH SCHOOL, KUTHIATHODE, CHERTHALA, ALAPPUZHA DISTRICT. RESIDING AT "USHAMANDIRAM", KODATHURUTH, KUTHIATHODE.P.O, PIN-688 533. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN RESPONDENT(S): --------------- 1. HEADMISTRESS, E.C.E.K,UNION HIGH SCHOOL, KUTHIATHODE, CHERTHALA, ALAPPUZHA DISTRICT. 2. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA. 3. THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADDL.R5 5. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. ADDL.R5 IS IMPLEADED AS PER I.A.NO.13502/2010 DATED 5.10.2010 ADV. SRI.P.SANTHOSH KUMAR (PANAMPALLI NAGAR) FOR R1 SRI.K.P.CHANDRASEKHAR FOR R1 BY G.P.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ W.P.(C).No.4333 OF 2010 ------------------------------ Dated this the 5th day of October, 2010 JUDGMENT The petitioner retired as Headmistress of E.C.E.K. Union High School, Kuthiathode on 31.3.2008. Pension was sanctioned to her. However, the Death Cum Retirement Gratuity sanctioned by the Accountant General was not disbursed on the ground that Non Liability Certificate was not issued by the Deputy Director of Education. It is alleged that there was delay on the part of the Headmistress in the matter of forwarding the documents and explanations. The petitioner explained all the points which were directed to be explained by the Deputy Director of Education in Ext.P3, by filing Ext.P4 reply. The petitioner filed representations after representations. 2. The reliefs prayed for by the petitioner in the Writ Petition are the following: W.P.(C).No.4333 OF 2010 2 “(i) To issue a Writ of Mandamus or any other appropriate Writ, order or direction, directing the 1st respondent to forward all the records necessary for taking a final decision in the Audit Objection raised against the petitioner for disbursing of DCRG and other terminal benefits; (ii) To issue a Writ of Mandamus or any other appropriate Writ, order or direction, directing the 3rd respondent to take a final decision on receipt of the records and other relevant materials procured by the Audit Officers on the disbursement of petitioner's terminal benefits within a time frame to be fixed by this Hon'ble Court; (iii) To award the cost of these proceedings to the petitioner and; (iv) Grant such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 3. When the Writ Petition came up for hearing on 24.2.2010, the following interim order was passed: “Admit. Government Pleader takes notice for respondents 2 to 4. Issue notice to the 1st respondent. Government Pleader submits that liability has been fixed and forwarded to the Treasury. Therefore, there is no impediment for the petitioner to draw the balance DCRG. The balance DCRG due to the petitioner shall be disbursed to the petitioner, if she makes a request for the same.” W.P.(C).No.4333 OF 2010 3 4. Thereafter, Ext.P10 order dated 31.3.2010 was issued by the Deputy Director of Education by which the liability was reduced to Rs.46,653/-. On receipt of Ext.P10, the petitioner submitted Ext.P11 representation dated 11.5.2010 to the Government. In Ext.P11, it is stated by the petitioner that though the Deputy Director fixed the liability of Rs.46,653/-, the recovery already ordered by him was not cancelled and therefore, the petitioner was disabled to get the balance amount of DCRG as per the interim order dated 24.2.2010 passed by this Court in this Writ Petition. It is also alleged in Ext.P11 that the Deputy Director of Education did not hear the petitioner and afford her an opportunity to explain the relevant facts. The petitioner has also prayed in Ext.P11 to issue Family Benefits Scheme amount, apart from other reliefs. Ext.P11 is pending disposal before the Government. W.P.(C).No.4333 OF 2010 4 5. It is submitted by the learned counsel for the petitioner that in view of the subsequent developments, it would be sufficient, if Ext.P11 is directed to be disposed of by the Government, after affording an opportunity of being heard to the petitioner. 6. In the facts and circumstances and taking note of the submissions made by the learned counsel for the petitioner and learned Government Pleader, the Writ Petition is disposed of as follows: a) The additional 5th respondent shall consider and dispose of Ext.P11 representation dated 11.5.2010 submitted by the petitioner, as expeditiously as possible and at any rate within a period of four months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. W.P.(C).No.4333 OF 2010 5 b) The petitioner shall produce a copy of the Writ Petition, a copy of I.A.No.8665/2010 and certified copy of the judgment before the additional 5th respondent. K.T.SANKARAN, JUDGE. cms