IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 10TH JUNE 2011 / 20TH JYAISHTA 1933 OP.No. 14245 of 2002(U) ----------------------------------- PETITIONER(S): ------------------------ SRI.P.K.KOCHIBRAHIM, RETIRED HEADMASTER, RESIDING AT "APSARA", POZHULINGAL HOUSE, EDATHIRINJI P.O.,IRINJALAKUDA,THRISSUR DISTRICT. BY ADV. SRI.M.C.GOPI RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION(C) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE D.P.I., THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 5. THE SUB TREASURY OFFICER, MUKUNDAPURAM, IRINJALAKUDA P.O.,THRISSUR DIST. 6. THE HEADMASTER, GOVERNMENT H.S.NADUVARAMBA, NADUVARAMBA P.O., THRISSUR DISTRICT. R1 TO R5 BY GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 10/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- -2- O.P.NO.14245/2002 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PAY SLIP DATED 10/6/1992 ISSUED BY THE 2ND RESPONDENT. P2 COPY OF THE ORDER DATED 5/9/1992 BY THE 4TH RESPONDENT. P3 COPY OF THE LETTER DATED 27/1/1993 FROM THE ACCOUNTS OFFICER OF THE 2ND RESPONDENT. P4 COPY OF THE NIL PAY SLIP DATED 27/1/1993. P5 COPY OF THE EXPLANATION DATED 25/2/93 P6 COPY OF THE LETTER NO.GE.9/C/K4-14/1653 DATED 29/3/1993 OF THE 2ND RESPONDENT. P7 COPY OF THE ORDER DATED 2/8/93 (ORDER NO.PR G1 PEN.A/359/TT/93-94/261 DATED 2/8/93. P8 COPY OF THE LETTER DATED 3/8/1998 FROM DPI TO SECRETARY TO GOVT. P9 COPY OF THE ORDER G.O.(RT)NO.4489/98/G.EDN DATED 19/11/1998. P10 COPY OF THE LETTER NO.GE.9/C/K.4-14/1224 DATED 11/2/1999 BY THE 2ND RESPONDENT. P11 COPY OF THE LETTER NO.GE9/C/K4/14/737 DATED 30/8/99 BY THE 2ND RESPONDENT. P12 COPY OF THE LETTER DATED NOVEMBER, 2001 BY THE PETITIONER TO THE HON'BLE MINISTER FOR EDUCATION. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ O.P No.14245/2002-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 10th day of June, 2011 J U D G M E N T The petitioner who retired from service as Headmaster of a school on 31/03/1993 approached this Court by filing this writ petition as his pension and other retirement benefits are not being paid to him. 2. By interim order dated 01/11/2002, this Court directed the respondents to release a sum of Rupees Four Lakhs as an interim measure and it is submitted by the learned counsel for the petitioner that the same was paid. 3. The delay occurred in the light of the objection raised by the Accountant General to Ext.P9 proceedings issued by the Government. It is submitted by the learned Government Pleader that the Government itself has passed a revised order as per G.O.(Rt). No.3531/02/G.Edn., dated 09/10/2002 whereby Ext.P9 order is modified to the extent that expost facto permission is granted to Shri P.K.Kochibrahim, Headmaster (Retired), Government High School, O.P. No.14245/2002 -:2:- Nadavaramba to continue in service upto 31/03/1993 in relaxation of Rule 60(c) Part-I Kerala Service Rules. 4. Therefore, what remains is the disbursement of further amounts if any due to the petitioner. It is submitted by the learned Government Pleader that subsequently, also various amounts have been disbursed to the petitioner towards Commuted Value of Pension and D.C.R.G. and the total amount disbursed comes to Rs.5,55,548/-. Learned counsel for the petitioner submitted that various allowances payable during the period in which he was working as Headmaster, i.e., festival and other allowances etc. were remaining unpaid at the time of filing of the writ petition and the petitioner had also prayed for release of the same in the writ petition. If any other monetary benefits are due to the petitioner, he will be free to approach the fourth respondent and the request will be considered duly and eligible amounts, if any, remaining to be released will be released without delay. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms O.P. No.14245/2002 -:3:- T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ O.P No.14245/2002-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ J U D G M E N T 10th day of June, 2011