IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 28430 of 2007(H) --------------------------------------- PETITIONER: ------------------- T.MARTIN, (RETD. HEAD MASTER, GOVT. S.N.D.P., U.P.S. PATTATHANAM), PUNTHALATHAZHAM, KILIKOLLOOR P.O., KOLLAM. BY ADVS. MR.M.V.BOSE, MR.VINOD MADHAVAN, SMT.NISHA BOSE. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM. 3. DISTRICT OFFICER, SARVA SIKSHA ABHAYAM, KOLLAM. 4. THE ASSISTANT EDUCATIONAL OFFICER, CHATHANNOOR. 5. THE ASSISTANT EDUCATIONAL OFFICER, KOLLAM. R1 TO R5 BY SR. GOVERNMENT PLEADER SMT. T.B. REMANI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.28430/2007-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER DTD. 21/07/2003 FROM R.2. EXT.P.2: COPY OF THE LETTER DTD. 28/07/2003 FROM THE PETITIONER TO HEADMISTRESS, GOVT. L.P.S. CHATHANNOOR. EXT.P.3: COPY OF THE LETTER DTD. 15/03/2002 FROM HEADMASTER, GOVT. L.P.S. CHATHANOOR TO R.2. EXT.P.4: COPY OF THE EXPENDITURE STATEMENT OF DRINKING WATER FACILITIES IN GOVT. L.P.S. CHATHANOOR TO THE QUARRY OF 09/04/2002. EXT.P.5: COPY OF THE UTILISATION CERTIFICATE DTD. 15/05/2002. EXT.P.6: COPY OF THE COMPLETION CERTIFICATE DTD. 15/05/2002. EXT.P.7: COPY OF THE ORDER DTD. 27/04/2004 ISSUED BY THE R.2. EXT.P.8: COPY OF THE ORDER DTD. 17/06/2004 OF THE ASST. ACCOUNTANT GENERAL. EXT.P.9: COPY OF THE ORDER DTD. 17/06/2004 ISSUED TO THE TREASURY OFFICER FROM SR. ACCOUNTS OFFICER. EXT.P.10: COPY OF THE REPRESENTATION BEFORE THE CHIEF MINISTER DTD. 01/08/2005 FROM THE PETITIONER. EXT.P.11: COPY OF THE SUBMISSION FROM THE PETITIONER TO R.5. DTD. 05/09/2005. EXT.P.12: COPY OF THE ORDER DTD. 01/02/2006 OF THE R.5. EXT.P.13: COPY OF THE REPRESENTATION BEFORE THE HON'BLE MINISTER FOR EDUCATION DTD. 20/06/2006 FROM THE PETITIONER. EXT.P.14: COPY OF THE INTIMATION DTD. 06/09/2007 SPL. DEPUTY TAHSILDAR (R), K.S.F.E., KOLLAM TO R.5. EXT.P.15: COPY OF THE LETTER DTD. 03/05/2008 OF THE A.E.O. EXT.P.16: COPY OF THE BILL WITH RESPECT TO THE CONSTRUCTION WORK OF COMPOUND WALL. EXT.P.16.A: COPY OF THE VOUCHER DTD. 24/03/04. EXT.P.16.B: COPY OF THE VOUCHER DTD. 24/03/2003. EXT.P.16.C: COPY OF THE VOUCHER DTD 24/03/2004. EXT.P.16.D: COPY OF THE BILL DTD. 24/03/2004. EXT.P.16.E: COPY OF THE VOUCHER DTD. 24/03/2004. W.P.(C). NO.28430/2007-H: EXT.P.16.F: COPY OF THE VOUCHER DTD. 30/03/03. EXT.P.17: COPY OF THE PAYMENT RECEIPT FOR THE AMOUNT RS.37,360/-. EXT.P.18: COPY OF THE ORDER DTD. NIL/12/07. OF THE DISTRICT EDL. OFFICER. RESPONDENTS' EXHIBITS: EXT.R4.C: COPY OF THE APPEAL PREFERRED BY THE PETITIONER BEFORE THE GOVERNMENT. EXT.R4.D: COPY OF THE APPEAL MEMORANDUM SUBMITTED BEFORE THE D.E.O, KANHANGAD BY THE R.3. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No. 28430/2007-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 14th day of December, 2009 J U D G M E N T The petitioner retired from service on 31/03/2004 while working as Headmaster, Government S.N.D.P U.P School, Pattathanam. 2. This writ petition is filed challenging Ext.P12 whereby 4 items of liabilities have been fixed against him, totalling to Rs.1,34,818/-. It is submitted that as regards item (1) -- Amount to be remitted to K.S.F.E Ltd., the said liability has been cleared subsequently. The petitioner contends that in the light of the various documents produced, the amount of liability shown with regard to items (2) to (4) in Ext.P12, has to be dropped. As regards item (2)--Rs.25,000/- : Exts.P2 & P4 to P6 are explanations furnished by the petitioner. Regarding item (3)--Rs.30,650/- : Exts.P16 series and Ext.P17 are produced and; as regards item (4)-- Rs.2,180/- which is reiterated in paragraph (3) of the reply affidavit, the petitioner has sought to waive the same. Ext.P15 letter of the Assistant Educational Officer is produced in support of this. 3. The learned counsel for the petitioner prayed that the second respondent may be directed to take a decision on the same without any delay. W.P.(C). No.28430/2007 -:2:- 4. Heard the learned Government Pleader appearing for the respondents. 5. In the matter of fixing liability, it is upto the second respondent to take a decision after assessing various aspects pointed out by the petitioner. There will be a direction to the second respondent to take a decision with regard to the dispute about fixation of liability after considering Exts.P2 & P4 to P6 and Ext.P16 series and Ext.P17 and, after hearing the petitioner, within a period of two months from the date of receipt of a copy of this Judgment. If the liabilities are accordingly waived, the remaining amount which have been withheld, will be released to the petitioner without delay. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms