IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 19879 of 2011(H) ------------------------------------- PETITIONER(S): --------------------- 1. V.M.PETER, S/O.MATHAI, VALIPLACKAL HOUSE, PULICKAL KAVALA P.O., KOTTAYAM-686515. 2. ANTONY LUKOSE, S/O.LUKOSE, PLAMOOTTIL HOUSE, ANAKKARA P.O., KUMILY-685 512. BY ADV. SRI.K.G.ANIL BABU RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001 3. THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI AT THODUPUZHA-685 584 4. THE DISTRICT EDUCATION OFFICER, KATTAPPANA, IDUKKI DISTRICT-685 508 BY SRI. JOSE ADIYODI, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AS WPC.NO. 19879/2011 APPENDIX PETITIONERS EXHIBITS: EXT.P1: COPY OF THE GRATUITY PAYMENT ORDER IN RESPECT OF THE 1ST PETITIONER DATED 26.11.2008 ISSUED BY THE ACCOUNTANT GENERAL (A&E) KERALA. EXT.P2: COPY OF THE GRATUITY PAYMENT ORDER IN RESPECT OF THE 2ND PETITIONER DATED 22.8.2008 ISSUED BY THE ACCOUNTANT GENERAL (A&E) KERALA. EXT.P3: COPY OF THE REQUEST SUBMITTED BY THE 1ST PETITIONER DATED 10.12.2008. EXT.P4: COPY OF THE REQUEST SUBMITTED BY THE 1ST PETITIONER DATED 17.11.2008 EXT.P5: COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT DATED 8.3.2011 WITH COPY TO THE 1ST PETITIONER. EXT.P6: COPY OF THE LETTER SUBMITTED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT DATED 25.5.2011 TO EXHIBITS P5. EXT.P7: COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT TO 3RD RESPONDENT DATED 8.3.2011 WITH COPY TO THE 2ND PETITIONER. EXT.P8: COPY OF THE EXPLANATION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT DATED 29.3.2011. EXT.P9: COPY OF THE LETTER DATED 31.10.2011 OF THE 2ND RESPONDENT TO THE 4TH RESPONDENT ALONGWITH THE REVIEW REPORT COPY GIVEN UNDER RIGHT TO INFORMATION ACT. RESPONDENTS EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE AS K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.19879 of 2011 --------------------------------------------- Dated this the 15th day of December 2011 JUDGMENT The petitioners are retired Government servants of the Education Department. Both of them retired on 31.3.2008. The first petitioner retired as the District Educational Officer (DEO), Kattappana and the second petitioner as the Personal Assistant to the DEO, Kattappana. They complain that their retirement benefits have not been disbursed to them in full. Their death cum retirement gratuity is still remaining to be disbursed. The reason for not disbursing their DCRG is that certain liabilities have been fixed on them on the basis of the audit of accounts. 2. As per the counter affidavit of the second respondent, the total amount due from the first petitioner has been fixed at Rs.1,90,266/- whereas the liability of the second petitioner has been fixed at Rs.1,71,258/-. Along with I.A.No.19445/2011, the petitioners have produced Ext.P9, a review report of the Director of Public Instructions which shows that the liabilities fastened on the petitioners have been dropped on such review. In view of the above, the counsel for the petitioners submits that WPC No.19879 of 2011 2 at present, there is no impediment in disbursing the DCRG of the petitioners. According to the counsel for the petitioners, the petitioners are also entitled to claim interest for the delay that has been caused due to no fault of theirs. 3. Since the petitioners have retired in the year 2008, it is only appropriate that immediate action is taken to disburse their DCRG to them. Regarding their claim for interest for the delay that has been caused, the petitioners are left to pursue the other civil remedies available to them. 4. In the above circumstances, this writ petition is disposed of directing the respondents to pass necessary consequential orders pursuant to Ext.P9 review audit conducted by the Director of Public Instructions and to ensure that the amount of DCRG due to the petitioners is disbursed to them as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of a copy of this judgment. Sd/- K.SURENDRA MOHAN, JUDGE true copy css/ P.S.TO JUDGE