IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 WP(C).No. 16838 of 2009(Y) -------------------------- PETITIONER: --------------- A.RADHA, RESIDING AT 'VAISAKH', HOUSE NO.155, STREET NO.1, GANDHI NAGAR, VAZHUTHACAUD, THIRUVANANTHAPURAM. RETIRED AS READER IN HISTORY, UNIVERSITY COLLEGE, TRIVANDRUM. BY ADV. SRI.M.BALAGOVINDAN SRI.VINOD J.DEV RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM. 3. PRINCIPAL, UNIVERSITY COLLEGE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SHRI H.HANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)NO.16838/09 PETITIONER'S EXTS: EXT.P1: COPY OF SANCTIONING ORDER ISSUED BY THE ACCOUNTANT GENERAL. EXT.P2: COPY OF COMMUNICATION DT.16.6.08. EXT.P3: COPY OF COMMUNICATION DT.28.5.08. EXT.P4: COPY OF COMMUNICATION. EXT.P4(A): COPY OF FINAL REPORT OF ANNUAL STOCK VERIFICATION OF THE HISTORY DEPARTMENT LIBRARY,UNIVERSITY COLLEGE, THIRUVANANTHAPURAM FOR THE YEAR 2007-08. EXT.P5: COPY OF REPLY GIVEN BY THE PETITIONER DT.21.2.09. EXT.P6: COPY OF COMMUNICATION DT.22.5.09. EXTS.PRODUCED ALONG WITH THE REPLY AFFIDAVIT DT.24.7.11 EXT.P13: COPY OF REPORT 1994-95 AND 96. EXT.P14: COPY OF REPORT 1996-97 RESPONDENTS' EXTS: EXT.R3(A): COPY OF LETTER NO.B2/863/09-10 UC DT.31.8.09. TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.16838 Of 2009-Y -------------------------------------------------- DATED THIS THE 8th DAY OF AUGUST, 2011 J U D G M E N T The petitioner retired from service as Reader of the Department of History from the University College on 31.3.2008. The retirement benefits have been sanctioned as evident from Exhibit P1 and an amount of Rs.3,30,000/- represents the retirement gratuity. The prayer in the Writ Petition is to issue Non Liability Certificate and other documents necessary for getting pensionary benefits to the petitioner. The further prayer is to give interest for the delayed payment of pension and other benefits. 2. The respondents have filed separate counter affidavits and petitioner has filed a reply affidavit also. 3. Going by the counter affidavit filed by the 2nd respondent, the pensionary benefits can be released only after getting the departmental Non-Liability Certificate which can be issued on receipt of institutional Non Liability Certificate to be received from the Principal, University College, W.P.(C)No.16838/09 -2- Thiruvananthapuram and the Principal has been directed to forward the Non-Liability Certificate /Liability Certificate. 4. The counter affidavit filed by the 3rd respondent shows various aspects. 5. What remains now, going by the averments in the counter affidavit, is the release of the retirement gratuity alone. 6. There is some dispute with regard to the fixation of liability and it is averred in paragraph No.7 of the counter affidavit that on a verification of the stock of the Library of the Department of History, it was found that 1446 books are seen missing as per the final stock verification report. A Committee had gone into the matter and based on the Committee's report, Exhibit R3(a) communication has been issued to the petitioner seeking for her explanation in the matter. Therein an amount of Rs.5,33,846/- has been shown as the value of the books along with penal cost. 7. The petitioner has filed a reply affidavit in the matter disputing the provisional assessment of liability against her. It is pointed out that the allegation regarding missing of books during her tenure is not correct and the petitioner has produced Exhibits W.P.(C)No.16838/09 -3- P13 and P14, true copies of the reports for the year 1994-95 and 1996-97 which according to the petitioner will show that the books were missing during the said period and during the tenure of the petitioner no such instance had occurred. 8. The learned counsel for the petitioner submitted that to Exhibit R3(a), the petitioner has filed a reply in detail. 9. In the light of the contest made by the petitioner of the assessment of liability, it is only proper that the Principal verifies the replies given by the petitioner along with the reports,namely Exhibits P13 and P14 and other relevant materials. The petitioner will be offered personal hearing also in the matter by the Principal. 10. Therefore there will be a direction to the Principal to take a decision with regard to the missing of books and the fixation of liability, if any, against the petitioner within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner will produce the copies of Exhibits P13 and P14 and any other documents before the 3rd respondent-Principal and the Principal will thereafter issue the Non-Liability Certificate/Liability Certificate. W.P.(C)No.16838/09 -4- 11. Since the petitioner disputes the very fact of missing of any of the books during her tenure, the said aspect will be given prime consideration by the Principal and in view of the assertion made that the books were missing from earlier periods, and not during her period, all attempts will be made to find out whether liabilities have been fixed in respect of the books stated to be missing during the earlier periods and whether liability has been fixed against any other person or has been written off. The Writ Petition is accordingly disposed of. No costs. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn