IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 WP(C).No. 18398 of 2011(Y) ---------------------------------- PETITIONER(S): ------------------- B.HARIPRASAD, S/O.K.BALAN, AGED 41 YEARS, LECTURER, GOVERNMENT ENGINEERING COLLEGE, SREEKRISHNAPURAM, PALAKKAD DISTRICT. BY ADV. SRI.V.A.MUHAMMED RESPONDENT(S): -------------------- 1. THE STATE OF KERALA, REPRESENTED BY IT PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION (G) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001. 2. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM 695001. 3. THE PRINCIPAL, GOVERNMENT ENGINEERING COLLEGE, SREEKRISHNAPURAM, PALAKKAD DISTRICT - 679 513. 4. THE SUB TREASURY OFFICER, SREEKRISHNAPURAM, PALAKKAD DISTRICT - 679 513. BY GOVT. PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 18398/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER NO.EA4/6068/01 OF THE 2ND RESPONDENT. P2: COPY OF THE MEDICAL CERTIFICATE P3: COPY OF THE BOND. P4: COPY OF THE PROCEEDINGS ON NIT. P5: COPY OF THE LETTER OF THE PETITIONER. P6: COPY OF THE ORDER NO.31961/G1/10/H.EDN.OF THE GOVERNMENT P7: COPY OF THE LETTER NO.L2/31699/2010 OF THE 2ND RESPONDENT P8: COPY OF THE LETTER OF THE PETITIONER. P9: COPY OF THE ORDER NO.L2/31699/2010 OF THE 2ND RESPONDENT P10: COPY OF THE LETTER OF THE PETITIONER. P11: COPYOF THE LETTER NO.L2/31699/2010 OF THE 2ND RESPONDENT. P12: COPY OF THE ENDT. NO.E/3313/08 OF THE DIRECTOR. P13: COPY OF THE REPRESENTATION OF THE PETITIONER. P14: COPY OF THE LETTER NOI.L2/32363/2002 OF THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.18398/2011-Y ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 7th day of July, 2011 J U D G M E N T The petitioner is confronted with the recovery of bonded obligation and the total amount directed to be remitted by him in a lump is Rs.2,99,000 plus interest at the rate of 10%. Even though the petitioner sought for grant of instalment facility that was not granted and, therefore, the petitioner has moved the Government by filing Ext.P13 representation. 2. It is the case of the petitioner that in similar cases, instalment facility has been granted as evident from Ext.P14 in respect of another Lecturer. 3. The petitioner is presently a Lecturer of the Government Engineering College, Sreekrishnapuram in Palakkad District. He is a physically handicapped person having 50% disability. He was granted deputation for undergoing M.Tech course under the National Institute of Technology, Calicut. This was subject to execution of a bond. It is the case of the petitioner that due to various health reasons he did not attend the classes for 172 days which resulted in shortage of attendance. Accordingly, W.P.(C). No.18398/2011 -:2:- he was terminated as per Ext.P4 to rejoin the department. This is the background under which he is faced with the recovery steps. 4. It is pointed out that he has got 14 more years of service. Ext.P11 is the reply given by the Director of Technical Education refusing to grant any instalment facility. 5. There will be a direction to the Government to consider Ext.P13 especially in the light of Ext.P14 with notice to the petitioner within a period of three months from the date of receipt of a copy of this Judgment. The recovery as against the petitioner will be kept in abeyance on the petitioner remitting an amount of Rs.20,000/- within a period of six weeks. The writ petition is disposed of as above. No costs. The petitioner will forward a copy of the writ petition along with a copy of the Judgment before the first respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms