IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 WP(C).No. 30637 of 2007(V) ----------------------------------------- PETITIONER(S): ------------------------ JOY JOSEPH, LECTURER (SELECTION GRADE), DEPARTMENT OF COMMERCE, BHARATA MATA COLLEGE, THRIKKAKARA, ERNAKULAM DISTRICT. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. THE MANAGER, BHARATA MATA COLLEGE, THRIKKAKARA, ERNAKULAM DIST., PIN 682 521. 4. THE PRINCIPAL, BHARATA MATA COLLEGE, THRIKKAKARA, ERNAKULAM DIST., PIN 682 521. 5. DR. LALIAMMA JOSE, PRINCIPAL, BHARATA MATA COLLEGE, THRIKKAKARA, ERNAKULAM DISTRICT, PIN – 682 521. GOVERNMENT PLEADER SRI. A.J.VARGHESE FOR R1 & R2 ADV. SRI.V.M.KURIAN FOR R3 SRI.MATHEW B. KURIAN FOR R3 SMT.TULASI PANICKER FOR R3 SRI.K.T.THOMAS FOR R3 SRI.TONY GEORGE KANNANTHANAM FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.30637/2007 V APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE NOTICE DTD. 23/06/2007 SUBMITTED BY THE PETITIONER. EXT.P2: COPY OF THE BOND EXECUTED BY THE PETITIONER WITH THE GOVT. DTD. 4/01/2002. EXT.P3: COPY OF COMMUNICATION DTD. 17/09/2007 ISSUED BY THE 3RD RESPONDENT. EXT.P4: COPY OF THE ORDER DTD. 27/09/2007 ISSUED BY THE 2ND RESPONDENT. EXT.P5: COPY OF THE RECEIPT DTD. 28/09/2007 EVIDENCING PAYMENT OF RS.11,813/-. EXT.P6: COPY OF THE REPRESENTATION DTD. 3/10/2007 SUBMITTED BY THE PETITIONER. EXT.P7: COPY OF THE ORDER DTD. 5/10/2007 ISSUED BY THE 4TH RESPONDENT. EXT.P8: COPY OF THE ORDER DTD. 28/09/2007 ISSUED BY THE 2ND RESPONDENT. EXT.P9: COPY OF THE UNDERTAKING SUBMITTED BY THE PETITIONER DTD. 7/10/2007. EXT.P10: COPY OF THE LETTER DTD. 7/09/2007 SUBMITTED BY THE PETITIONER. EXT.P11: COPY OF THE COMMUNICATION DTD. 18/04/2008 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: EXT.R1(A): COPY OF THE UGC APPROVAL ORDER DTD. 8/01/2001. EXT.R1(B): COPY OF THE REPORT ON THE LOCAL AUDIT OF THE ACCOUNTS OF BHARAT MATHA COLLEGE, THRIKKAKARA FOR THE PERIOD FROM ¼/2006 TO 31/3/2008. EXT.R3(A): COPY OF THE ORDER DTD. 8/01/2001 ISSUED BY UNIVERSITY GRANTS COMMISSION. EXT.R3(B): COPY OF LETTER DTD. 26/05/2001 SUBMITTED BY PETITIONER TO 2ND RESPONDENT. EXT.R3(C): COPY OF THE ORDER DTD. 03/01/2002 ISSUED BY THE 1ST RESPONDENT. Kss ..2/- ....2...... WPC.NO.30637/2007 V EXT.R4(A): COPY OF LETTER DTD. 5/10/2007 FROM THE 4TH RESPONDENT. EXT.R4(B): COPY OF LETTER DTD. 5/10/2007 ISSUED TO 4TH RESPONDENT. EXT.R4(C): COPY OF REQUEST DTD. 18/10/2007 FROM THE 5TH RESPONDENT. EXT,R4(D): COPY OF ENQUIRY REPORT DTD. 30/06/2008 FROM THE 5TH RESPONDENT. EXT.R4(E): COPY OF LETTER DTD. 1/07/2008 OF ...DO..... EXT.R4(F): COPY OF LETTER DTD. 13/08/2008 TO THE 4TH RESPONDENT. EXT.R4(G): COPY OF REPORT ON THE LOCAL AUDIT OF THE ACCOUNTS OF BHARAT MATHA COLLEGE. EXT.R4(H): COPY OF LETTER DTD. 29/09/2008 FROM THE PETITIONER TO THE DIRECTOR OF COLLEGIATE EDUCATION. EXT.R4(I): COPY OF LETTER DTD. 3/10/2008 FROM THE PETITIONER. /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ============== W.P.(C) NO. 30637 OF 2007 (V) ==================== Dated this the 29th day of October, 2008 J U D G M E N T Petitioner was a Junior Lecturer in Bharata Mata College, Thrikkakkara, of which the 3rd respondent is the Manager and the 4th respondent is the Principal. Initially, he joined as Junior Lecturer in 1981 and was promoted as Lecturer in 1982. Selection grade was granted to the petitioner in 1996. 2. Petitioner was deputed for Ph.D under the Faculty Improvement Programme of the U.G.C. during the period 16/6/01 to 31/3/2002. He rejoined duty and continued in service. While so, by Ext.P1 dated 23/6/07, petitioner applied for voluntary retirement w.e.f. 1/11/2007. However, that was not granted and it was thereupon that this writ petition was filed. 3. Subsequently an interim order was passed and he was relieved from service and the terminal benefits other than Provident Fund, DCRG and DA arrears amounting to a total sum of Rs.6,09,990/- have been released to the petitioner. The reason for refusing voluntary retirement to the petitioner was that though he was deputed for Ph.D WPC 30637/07 :2 : under the Faculty Improvement Programme of the UGC, he did not successfully complete the same by submitting the thesis and therefore had rendered himself liable for the consequences thereof. Admittedly, petitioner had executed Ext.P2 bond with sureties. 4. Though the writ petition was heard at length, it has now come out that the remaining liability of the petitioner is the liability, if any, arising out of Clause 6 of Ext.R3(a) order dated 8/1/2001 issued by the UGC, which reads as under. “The Teacher Fellows should note that He/She shall have to submit their M.Phil/Ph.D thesis compulsorily in order to account for audit as well as for the purpose for which the grants are are paid by the Commission failing, which the entire amount incurred on the scheme will have to be borne by the Teacher Fellow.” 5. On the basis that his liability if at all is what is provided in the bond and that the same has been discharged, though the petitioner has dispute on this as well, still having regard to the limitations of this Court in a proceedings under Article 226 of the Constitution, I feel that the petitioner should, at least for the present, discharge the liability under Clause 6 of Ext.R3(a) before receiving the terminal benefits that are still remaining to be paid. The liability arising under Clause 6 will have to be WPC 30637/07 :3 : determined by the UGC itself. Therefore, it is for the 2nd respondent, the Director of Collegiate Education to take up the matter with the UGC and get the liability quantified and recover the same from the amount that is due from the petitioner. This the 2nd respondent shall do without any further delay in this matter. 6. As already noticed, the total amount that is remaining unpaid to the petitioner towards his Provident Fund, DCRG and DA arrears is stated to be Rs.6,09,990/-. Going by Ext.R1(b) and R4(d) objection raised by the audit and the comments raised by the audit department, the total liability of the petitioner as at present is Rs.1,91,520/-. Since even according to the respondents, the maximum liability of the petitioner as presently quantified is less than Rs. 2 lakhs, I see no justification for withholding the entire amount that is due to the petitioner. Therefore, I direct that the respondents shall release the balance amount that is due to the petitioner after withholding the amount of Rs.2 lakhs. The excess amount shall be refunded to the petitioner within four weeks of receipt of a copy of this judgment. 7. It is directed that once amount is quantified by the UGC, it will be open to the respondents to appropriate the same from out of the Rs.2 WPC 30637/07 :4 : lakhs, which is ordered to be withheld by them and the excess if any remaining, shall also be released to the petitioner once the process of appropriation is over. Needless to say that in case the amount due is found to be more than Rs.2 lakhs, respondents will be at liberty to recover the same in accordance with law. The quantification shall be done within two months, of receipt of a copy of this judgment. 8. Petitioner disputes even this liability. As already noticed, it is not possible for this court to adjudicate such a dispute in a proceedings under Article 226 of the Constitution of India. Therefore, it will be open to the petitioner to dispute the extent of the liability and also pursue his claim for interest in appropriate proceedings. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp