IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 35330 of 2008(E) -------------------------- PETITIONER(S): --------------- P.K.SUBRAMANIAN, AGED 76 YEARS, S/O.KANDAN, KURUVAKKAT NJALIL HOUSE, PULIYANNUR, VELLATTANJOOR.P.O, THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): --------------- 1. DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 2. ASSISTANT EDUCATIONAL OFFICER, KUNNAMKULAM. 3. PRINCIPAL, G.R.S.R.V.H.S.S, VELUR. 4. REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY DIRECTORATE, EDAPPILLY, THRISSUR. 5. COMMISSIONER OF GOVERNMENT EXAMS, PAREEKSHA BHAVAN, POOJAPPURA, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.35330/2008 ----------------------------------------------------------- Dated this the 2nd day of December, 2008 JUDGMENT Petitioner retired from service as AEO on 31.3.2007. The writ petition was necessitated for the reason that his gratuity has not been paid so far. 2. From Exts.P2 and P3, it is seen that there were three objections. One is that the 2nd and 3rd respondents have not been issued liability or non-liability certificate so far. The second objection is that the amount received by the petitioner in the auction of a tree has not been accounted. It is seen from Ext.P4 that subsequently the said objection has been cleared. Now what remains is the 3rd objection in relation to the amount of Rs.14,133/- spent for the SSLC examination. Petitioner submits that this amount ought to have been either refunded or admissibility WP(c).No.35330/08 2 certificate should have been issued by the 5th respondent. The aforesaid being the objections, the payment of gratuity due to the petitioner cannot be delayed. If there is delay on the part of the 5th respondent, that also cannot justify the delay. In view of the above, it is directed that the 2nd and 3rd respondents shall issue a liability certificate or non-liability certificate as the case may be to the first respondent within 6 weeks from the date of production of a copy of this judgment and the the first respondent shall take necessary steps for release of the gratuity due to the petitioner without any further delay. The claim of the petitioner for interest is left open. Writ Petition is disposed of as above. ANTONY DOMINIC JUDGE vi. WP(c).No.35330/08 3