IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 28230 of 2003(I) ---------------------------------------- PETITIONER(S): ------------------------ R.SOMASUNDARAN PILLAI, VASANTH COTTAGE, THEVARAKKAVU ROAD, THRIPPUNITHURA, RETIRED AS PRINCIPAL, GOVT.COLLEGE, TRIPPUNITHURA. BY ADVS.MR.C.A.ANUPAMAN MR.ANTONY MATHEW RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM 693 033. 3. ACCOUNTANT GENERAL (A&E), GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 4. PRINCIPAL, GOVERNMENT ARTS COLLEGE, THRIPPUNITHURA. R1 TO R4 BY GOVERNMENT PLEADER SMT.T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.28230/2003 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE GRATUITY PAYMENT ORDER GPO NO.P-17/AR/G/46649611/1136 DTD. 9.12.02 ISSUED BY THE 3D RESPONDENT TO THE PETITIONER. P1(a):- COPY OF THE GRATUITY PAYMENT ORDER GPO. NO.P-17/AR/G-46649611 DTD. 23.5.03 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. P2:- COPY OF THE LETTER DTD. 9.7.03 ISSUED BY THE 3RD RESPONDENT TO THE SUB TREASURY OFFICER,SUB TREASURY, THRIPPUNITHURA. P3:- COPY OF THE LAWYER NOTICE DTD. 16.6.03 ISSUED BY SRI.ANUPAMAN C.A. ADVOCATE AT THE INSTANCE OF THE PETITIONER TO THE 2ND RESPONDENT. P3(a):- COPY OF THE ACKNOWLEDGEMENT CARD SIGNED BY THE OFFICER CONCERNED ON BEHALF OF THE 2ND RESPONDENT FOR HAVING RECEIVED EST.P3. P3(b):- COPY OF THE ACKNOWLEDGEMENT CARD DTD. 19.6.03 SIGNED BY THE IST RESPONDENT FOR HAVING RECEIVED EXT.P3. P3(c):- COPY OF THE ACKNOWLEDGEMENT CARD SIGNED BY THE 3RD RESPONDENT FOR HAVING RECEIVED EXT.P3. P4:- COPY OF THE LETTER DTD. 11.8.03 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P4(a):- COPY OF THE LIABILITY CERTIFICATE DTD. 25.7.03 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER ALONG WITH EXT.P4. P5:- COPY OF THE CIRCULAR NO.78/87/FIN DTD. 29.9.87 ISSUEDBY THE FINANCE DEPARTMENT OF THE IST RESPONDENT. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.28230/2003-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 13th day of November, 2009 J U D G M E N T The petitioner retired as Principal of the Government College, Thrippunithura on 31/03/2002. Though the pension papers were submitted, there was some delay in taking action. Alleging that there was gross delay in the matter, he filed representations and a lawyer notice was also sent. A copy of the lawyer notice is produced as Ext.P3. Subsequently, he was issued Ext.P4 letter along with Ext.P4 (a) Liability Certificate. It is the case of the petitioner that even though the same was produced before the Sub Treasury Officer, Thrippunithura, he was directed to produce Non-liability Certificate to disburse the gratuity due to him. Exts.P4 and P4(a) show that the amount of liability is Rs.10,200/-. 2. The main prayer in the writ petition is for a direction to the respondents to disburse the gratuity due to the petitioner together with interest at the rate of 18% per annum. 3. The respondents have filed a counter affidavit justifying the fixation of liability. It is stated that Rs.10,200/- is the inadmissible amount paid to the Guest Lecturers of the Department of English due to the W.P.(C). No.28230/2003 -:2:- administrative lapses of the petitioner as the Head of the Department of English and Lecturer in-charge of the Principal. 4. There will be a direction to disburse the amount of D.C.R.G sanctioned as per Ext.P1 less the liability, if the same has not been disbursed so far, within one month from the date of receipt of a copy of this Judgment. The petitioner will be free to challenge the fixation of liability by filing appropriate representation before the Government in the matter. If the petitioner files a representation in that regard, the appropriate authority among the respondents will take a decision on the same without further delay and at any rate within a period of five months from the date of its receipt. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms