IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 WP(C).No. 31293 of 2009(F) ----------------------------------- PETITIONER(S): ---------------------- M.ALEXANDER, PRINCIPAL & HEADMASTER (RETD.), ASRAM HSS, PERUMBAVOOR, RESIDING AT NADUKUNNIL SHERIN VILLA, KOTTARA, MEEYANNOOR P.O., KOLLAM. BY ADV. SRI.S.SANTHOSH KUMAR SMT.P.LISSY JOSE. RESPONDENT(S): ------------------------ 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TP GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECNODARY EDUCATION, ERNAKULAM. 4. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 5. THE MANAGER, MT & EA SCHOOLS, THIRUVALLA. 6. THE PRINCIPAL, ASRAM H.S.S., PERUMBAVOOR, ERNAKULAM. 7. THE TREASURY OFFICER, DISTRICT TREASURY, KOTTARAKKARA. ADV. SRI.S.SUBHASH CHAND FOR R6 SMT.M.P.MARY FOR R6 SRI.BABU VARGHESE FOR R5 GOVERNMENT PLEADER SRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1: TRUE COPY OF GRATUITY PAYMENT ORDER DATED 2.1.2007. EXT.P2: TRUE COPY OF THE AUDIT REPORT FOR THE PERIOD 2000-06 OF THE ACCOUNTANT GENERAL. EXT.P3: TRUE COPY OF AUDIT REPORT OF 3RD RESPONDENT. . EXT.P3(a):TRUE COPY OF RE-AUDIT REPORT OF 3RD RESPONDENT. EXT.P4:TRUE COPY OF THE LETTER DATED 6.1.2009 OF THE 6TH RESPONDENT. EXT.P5:TRUE COPY OF THE EXPLANATION DATED 13.1.2009 OF THE PETITIONER. EXT.P6: TRUE COPY OF THE EXPLANATION DATED 13.8.2009. EXT.P7:TRUE COPY OF THE LETTER DATED 2.9.2007 SENT BY KURUVILLA MATHEW TO THE 3RD RESPONDENT. EXT.P8:TRUE COPY OF THE LETTER DATED 5.10.2009 OF SENT BY 6TH RESPONDENT TO THE 3RD RESPONDENT. EXT.P8(a):TRUE COPY OF THE LIABILITY CERTIFICATE DATED 5.10.2009 ISSUED BY THE 6TH RESPONDENT. EXT.P9: TRUE COPY F THE LETTER DATED 14.10.09 SENT BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P10:TRUE COPY OF THE LETTER DATED 14.10.09 SENT BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT. EXT.P11:TRUE COPY OF THE LIABILITY CERTIFICATE DATED 14.10.2009. EXT.P12:TRUE COPY OF THE JUDGMENT IN W.P.C.NO.31973/2008 DATED 21.10.2009 OF THIS HONOURABLE COURT. / /TRUE COPY// P.A.TO JUDGE. S.SIRI JAGAN,J. --------------------- W.P.C.NO.31293 OF 2009 ------------------------------ Dated this the 19th January, 2010 JUDGMENT The petitioner is a retired head master of an aided school. He is aggrieved by withholding of his DCRG on account of alleged liability due from the petitioner. According to the petitioner, since more than three years, have elapsed after his retirement no liability can now be fixed, in view of Note 3, Rule 3, Part III of KSR. Petitioner therefore seeks the following reliefs:- “i) to issue a writ of certiorari or any other appropriate writ or order quashing Ext.P8(a) & P11 liability certificate; ii) to issue a writ of mandamus or any other appropriate writ or order directing 3rd respondent to conduct enquiry and issue fresh LC/NLC to the petitioner after affording him an opportunity of hearing; iii) to issue a writ of mandamus or any other appropriate writ or order declaring that the respondents cannot recover any amount fixed as liability in Ext.P11 from the DCRG sanctioned to the petitioner under Ext.P1; iv) to issue a writ of mandamus or any other appropriate writ or order directing the respondents to disburse the DCRG of the petitioner as sanctioned in W.P.C.NO.31293 OF 2009 2 Ext.P1 order atonce; v) to issue a writ of mandamus or any other appropriate writ or order directing the 1st respondent to conduct a vigilance enquiry into the missing of records from the Asram HSS, Perumbavoor managed by the 5th respondent; and vi) to issue such other appropriate writ, order or directions as this Hon,ble Court may deem just and proper to issue in the circumstances of the case.” 2. I heard the learned counsel for the petitioner, the learned counsel for the Government Pleader, the learned counsel for the Principal of the school and the learned counsel for the manager. It is not disputed before me that liability has not been fixed on the petitioner with notice to him within three years from the date of retirement. That being so, Rule 3 cannot be invoked against the petitioner for recovery of liability from the DCRG of the petitioner. In the above circumstance Ext.P8 (a) and P11 liability certificate are quashed. It is declared that the respondent cannot recover any liability from the DCRG due to the petitioner. Accordingly there would be a direction to the respondents to see that the entire DCRG due to the W.P.C.NO.31293 OF 2009 3 petitioner is disbursed as expeditiously as possible at any rate within one month from the receipt of copy of this judgment. However this would be without prejudice to the right of the Government to recover any loss caused to the Government on account of the conduct of the petitioner, by resorting to other remedies available to the government under law. The Writ petition is disposed of as above. S.SIRI JAGAN, JUDGE. mns