Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945 PETITIONER: A. HARISH AGED 57 YEARS S/O GOVI A., RETD. HEADMASTER, T.R KUNJIKRISHNAN U.P SCHOOL, VALANCHERY, MALAPPURAM - 676 552, RESIDING AT MANIKARNIKA HOUSE, NEAR NALANA HOSPITAL, RAMANATTUKARA P.O, KOZHIKODE, PIN - 673633 BY ADV J.G.SYAMNATH RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION, JAGATHY P.O. THIRUVANANTHAPURAM, PIN - 695014 3 THE DEPUTY DIRECTOR OF EDUCATION DOWNHILL P.O, MALAPPURAM, PIN - 676519 4 THE DISTRICT EDUCATIONAL OFFICER TIRUR CIVIL STATION, TIRUR P.O, MALAPPURAM DISTRICT, PIN - 676101 5 THE ASSISTANT EDUCATIONAL OFFICER KUTTIPURAM OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, P.O. KUTTIPURAM, MALAPPURAM DISTRICT, PIN - 679571 6 THE HEAD MISTRESS T.R. KUNJIKRISHNAN U.P SCHOOL, VALANCHERY, VALANCHERY P.O., MALAPPURAM DISTRICT, PIN - 676552 7 THE ACCOUNTANT GENERAL (A&E) M.G. ROAD, THIRUVANANTHAPURAM, PIN - 695039 8 THE SUB TREASURY OFFICER
FEROKE, OLD NH ROAD FEROKE, P.O. FEROKE, MALAPPURAM DISTRICT, PIN - 673631 BY ADV. SMT.SURYA BINOY, SENIOR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
------------------------------ W.P.(C)No. 9866 of 2023 ---------------------------------------------- Dated this the 31st day of March, 2023
JUDGMENT
The above writ petition is filed with the following prayers: “(i) To issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to release the entire DCRG sanctioned to the Petitioner vide Exhibit-P1 with an 18% penal interest from 31-05-2022 till the date of payment, within a time limit to be prescribed by this Hon'ble Court.
(ii) To direct to dispense with the production of English translation of documents in vernacular languages.
(iii) To grant such other relief as this Hon'ble Court deems fit and proper to grant.”[SIC]
2. The main grievance of the petitioner is that the DCRG sanctioned to the petitioner as per Ext.P1 is not disbursed. Hence this writ petition is filed.
3. Heard the counsel appearing for the petitioner and the learned Government Pleader.
4. When this writ petition came up for
consideration on an earlier occasion, this Court directed the Government Pleader to get instruction as to why the DCRG is not disbursed. Today the Government Pleader submitted that the petitioner while working as Headmaster has not properly kept certain official records and there is a proposal to fix liability to the petitioner and the same will be finalised within ten days. If that is the case, after deducting the amount of liability, if any, fixed by the authority, the respondents shall disburse the DCRG. The petitioner is free to challenge the liability, if any, fixed by the authority in accordance with law. Therefore, this writ petition is disposed of in the following manner: i. Respondents 3 to 5 are directed to disburse the DCRG amount due to the petitioner after deducting the amount of liability, if any fixed, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a stamped certified copy of this judgment. ii. If the petitioner is aggrieved by the liability, if any fixed, the petitioner is free to challenge the same in accordance with law. Sd/- P.V.KUNHIKRISHNAN DM JUDGE APPENDIX OF WP(C) 9866/2023 PETITIONER EXHIBITS EXHIBIT-P1 A TRUE COPY OF THE G.P.O. NO. 1222257710 DATED 27-10-2022 EXHIBIT-P2 A TRUE COPY OF THE BOND SUBMITTED BY THE PETITIONER DATED 22-03-2022
EXHIBIT-P3 A TRUE COPY OF THE G.O.(P) NO. EXHIBIT-P4 A TRUE COPY OF THE G.O.(P) NO. EXHIBIT-P5 A TRUE COPY OF THE PENSION PAYMENT
ORDER NO. 1122225051 DATED 28-03-2022
OF SMT. REMA T.P. RESPONDENT EXHIBITS: NIL //TRUE COPY// PA TO JUDGE