IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 WP(C).No. 32191 of 2007(G) -------------------------- PETITIONER: ------------ D.SARASWATHY AMMA, RETIRED HSA TEACHER IN CHARGE, M.R.M.K.M.M. HIGHER SECONDARY SCHOOL, EDAVA, RESIDING AT DEVASARAS, PALACE ROAD, ATTINGAL P.O. BY ADV. SRI.SIBY MATHEW SRI.A.A.MOHAMMED NAZIR RESPONDENTS: ------------- 1. THE ACCOUNTANT GENERAL (A & E) KERALA, TRIVANDRUM, PIN 695039. 2. THE DEPUTY DIRECTOR (EDUCATION), TRIVANDRUM, PIN 695001. 3. THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL, TRIVANDRUM, PIN 695101. 4. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, OFFICE OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHINAGAR, TRIVANDRUM-655001. ADDL. 5. THE PRINCIPAL, M.R.M.K.M.M. HIGHER SECONDARY SCHOOL, EDAVA, ATTINGAL, THIRUVANANTHAPURAM. (ADDITIONAL R5 IS IMPLEADED AS PER ORDER DATED 21.11.07 IN I.A. NO.15273/07) BY ADV. SRI.S.S.RAJESH SENIOR GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.32191/2007 APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF ORDER NO.P-08/PENA/813/00/05-06/1156, DT. 8-2-2006 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXT. P2: COPY OF GRATUITY PAYPMENT ORDER NO.P-08/00/G-12146901, DT. 20-3-2007 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT. P3: COPY OF COMMUNICATION PAYMENT ORDER, DT. 20-3-2007 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT. P4: COPY OF ORDER NO.746/00/06-07/PR04/1525 DATED 20-3-2007 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT. P5: COPY OF GRATUITY PAYMENT ORDER NO.G- 12146901/DA6/321053/82A, DATED 11-7-2007 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT. P6: COPY OF GRATUITY PAYMENT ORDER NO.P-08/00/G/1214901, DATED NIL ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT. P7: COPY OF COMMUTATION PAYMENT ORDER NO.P-08/00/G-12146901, DATED 3-9-2007 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT. P8: COPY OF ORDER NO.P-08/REVN/134/07-08/PR04/1133, DATED 3-9- 2007 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT. P9: COPY OF ORDER NO.P-08/REVN/134/00/07-08/PR04/1133, DATED 3- 9-2007 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT. P10: COPY OF LETTER NO.G2/30634/05 DATED 6-7-2007 ISSUED BY THE DY. DIRECTOR OF EDUCATION TO THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL. EXT. P11: COPY OF LETTER NO.G2/30634/05 DATED 10-8-2007 ISSUED BY THE DY. DIRECTOR OF EDUCATION TO THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL. EXT. P12: COPY OF LETTER DATED 1-6-2007 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT. P13: COPY OF LETTER DATED 10-9-2007 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT. RESPONDENT'S EXHIBITS: EXT. R2(A): COPY OF THE LETTER NO.G2/30634/05 DATED 6.7.2007 ISSUED BY THE DY. DIRECTOR OF EDUCATION TO THE DIST. EDUCATIONAL OFFICER, ATTINGAL. WP(C) NO.32191/2007 EXT. R2(B): COPY OF THE LETTER NO.G2/30634/05 DATED 10.8.2007 ISSUED BY THE DY. DIRECTOR OF EDUCATION TO THE DIST. EDUCATIONAL OFFICER, ATTINGAL. EXT. R2(C): COPY OF THE LIABILITY CERTIFICATE ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION TO THE PETITIONER VIDE LETTER DATED 22.1.2008. EXT. R5(A): COPY OF THE AUDIT REPORT ORDER NO.TR08/3874/07/HSE. EXT. R5(B): COPY OF THE LIABILITY CERTIFICATE AND REPLY TO THE AUDIT REPORT. EXT. R5(C): COPY OF THE ISSUED DATE OF LIABILITY CERTIFICATE TO R.D.D. HSE. /TRUE COPY/ P.A. TO JUDGE JP S.SIRI JAGAN, J. ======================= W.P.(C) No. 32191 of 2007 (G) ======================= Dated this the 7th day of February, 2008 JUDGMENT The petitioner, who is a retired Government servant, has approached this Court complaining of non-payment of DCRG due to him. A counter affidavit has been filed on behalf of the 2nd respondent stating that the amount of Rs.43,920/- has been fixed as liability of the petitioner. The petitioner submits that the respondents may be directed to disburse the balance DCRG after withholding the said amount of Rs.43,920/-, with liberty to the petitioner to challenge the fixation of liability. 2. I have heard the learned Government Pleader also. In the facts and circumstances, I dispose of this writ petition with the following directions: The respondents shall disburse to the petitioner the DCRG due to him after withholding the liability fixed amounting to Rs.43,920/- as stated in the counter affidavit, within one month W.P.(C) No. 32191/2007/G -2- from the date of receipt of a copy of this judgment. It would be open to the petitioner to challenge the liability fixed on him by initiating appropriate proceedings in that regard. S.SIRI JAGAN, JUDGE jp