IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 29TH JUNE 2009 / 8TH ASHADHA 1931 RP.No. 541 of 2009(I) --------------------- AGAINST THE JUDGEMENT IN WPC.16468/2007 .................... REVIEW PETITIONER/ RESPONDENTS 1 TO 3 ---------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 3. THE DISTRICT EDUCATIONAL OFFICER, KOTHAMANGALAM. BY GOVERNMENT PLEADER SRI L.G.SURESH BABU RESPONDENTS/ PETITIONER & 4TH RESPONDENT ------------------------------------------ 1. FR.BASIL KURIAKOSE, KOCHUPURACKAL HOUSE, KOTHAMANGALAM. 2. HEADMASTER, DEVASWOM BOARD HIGH SCHOOL, THRIKKARIYOOR, ERNAKULAM DISTRICT. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 29/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID,J. --------------------------- R.P.NO.541 OF 2009 IN W.P.(C).NO.16468 OF 2007 --------------------------- DATED THIS THE 29TH DAY OF JUNE, 2009 O R D E R The petitioner in W.P.(C).No.16468/2007 is the lst respondent herein. He retired as Headmaster on attaining superannuation on 31/5/2006. He applied for the disbursement of DCRG amount on 1-2-2007. Accordingly, the gratuity payment order authorising payment of DCRG was forwarded to the Sub Treasury, Kothamangalam with a copy to the lst respondent/petitioner. Copy of the letter dated 1-2-2007 and copy of the gratuity payment order are marked as Exts.P2 and P3. DCRG was not disbursed within a reasonable period. Therefore, he issued Ext.B3 lawyer notice. Exts.P5 and P6 are the replies sent by the District Educational Officer and the Deputy Director of Education respectively. In Ext.P6 reply it is stated by the Deputy Director of Education that the NLC/LC in respect of the -2- R.P.No.541/2009 lst respondent has not been received in his office and the same will be countersigned and forwarded to the Sub Treasury, Kothamangalam as and when received from the District Educational Officer, Kothamangalam. This Court finding that there is no justification for delaying the matter by the District Educational Officer or the Deputy Director of Education, directed the petitioners/respondents 1 to 3 to disburse the amount stated in the judgment being the amount admittedly due to the petitioner (lst respondent) as DCRG with 6% interest from 10/12/2007. Since the liability certificate was not countersigned by the Deputy Director of Education for a long time and the delay was occasioned due to the delay in countersigning the liability certificate and also taking note of the fact that the authority took more than 1 ½ years from the date of retirement to issue a liability certificate, this Court ordered that the amount shall carry interest at the rate of 6% per annum from 10/12/007 only. State of Kerala filed this review petition challenging the -3- R.P.No.541/2009 grant of interest at 6% on the DCRG amount ordered to be disbursed within three months. This Court after considering the facts and after noting the dates, ordered that 6% interest shall be paid only from the date of issuance of the liability certificate by the Headmaster, i.e. on 10/12/2007. The liability certificate itself was issued after a period of about 1 year and 6 months. No grounds are made out to review the judgment in W.P.(C). No.16468/2007. The attempt of the review petitioners is to re- hear the matter denovo once decided after considering the materials on record. Review Petition fails and accordingly it is dismissed. HARUN-UL-RASHID, Judge. kcv.