Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 23RD DAY OF NOVEMBER 2020 / 2ND AGRAHAYANA, 1942 PETITIONER: P.K.THYAGARAJAN, AGED 57 YEARS S/O.LATE P.N.KOCHUKITTAN,H.S.A.(MALAYALAM) (RETIRED),ST.GEORGE V.H.S.S, ATTACHACKAL.P.O, KONNI, PATHANAMTHITTA-689692. RESIDING AT PONTHAN PLACKAL HOUSE, ATTACHACKAL.P.O, KONNI, PATHANAMTHITTA-689692. SRI.KALEESWARAM RAJ SRI.VARUN C.VIJAY KUM.A.ARUNA SMT.MAITREYI SACHIDANANDA HEGDE RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,THIRUVANANTHAPURAM-695001. 2 DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION,JAGATHI, THIRUVANANTHAPURAM-695014. 3 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,THIRUVALLA,PATHANAMTHITTA -689101. 4 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,PATHANAMTHITTA-689645. 5 MANAGER, ST.GEORGE V.H.S.S,ATTACHACKAL.P.O, KONNI,PATHANAMTHITTA -689692. 6 SUB TREASURY OFFICER, SUB TREASURY,KONNI,PATHANAMTHITTA-689692. 7 THE ACCOUNTANT GENERAL(A AND E), OFFICE OF THE ACCOUNTANT GENERAL(A AND E), THIRUVANANTHAPURAM-695001. SMT. NISHA BOSE - SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 23rd day of November 2020 The petitioner says that while he was working as HSA (Malayalam) at St.George VHSS, Pathanamthitta, managed by the fifth respondent Manager, he retired on attaining the age of superannuation on 30.04.2019. His singular complaint impelled in this writ petition is that in spite of his retirement as early as in 2019, the amount of DCRG entitled to him, namely Rs.12,55,680/-, which had been sanctioned as per Ext.P16, has not yet been disbursed to him. He, therefore, prays that the respondents be directed to disburse the said amount to him, along with interest at the rate of 12% p.a. on account of the inordinate delay.
2. When this matter was considered by me on 05.11.2020,
I had directed the third respondent to process the application of the petitioner for liability/non-liability certificate, on the basis of the submissions of the learned Senior Government Pleader, that a final decision on the punishment of the petitioner, pursuant to Ext.P2, has not yet been taken by the Director of General Education.
3. Today, when this matter was called, the learned senior
Government Pleader submitted that a non-liability certificate has been issued in favour of the petitioner on 17.11.2020 and that the same has been forwarded to the sub-treasury officer, Konni. She, therefore, submitted that the grievance of the petitioner has now been fully allayed and prayed that this writ petition be dismissed.
4. On hearing the learned senior Government Pleader as
afore, the learned counsel for the petitioner submitted that his client has not yet received the amounts from the sub-treasury office and prayed that this writ petition be kept pending for a few more days.
5. Even when I hear the learned counsel for the petitioner
on the afore lines, the fact remains that, as of now, there is no liability fixed against the petitioner since the learned senior Government Pleader affirms that a non-liability certificate has been issued to the sub-treasury officer on 17.11.2020. Obviously, therefore, only the disbursal of the amounts are now remaining.
6. That said, the question of interest on the alleged delay in payment of the DCRG is not something into which that this Court deems appropriate to enter at this stage, because there
are several factual factors and circumstances which will have to be ascertained before a decision on this is taken, particularly because the petitioner had suffered certain disciplinary enquiry and punishment. I, therefore, leave such contentions open for the petitioner to pursue, if so advised, before the appropriate forum. In the afore circumstances, I oder this writ petition and direct the respondents to ensure that the eligible amount of DCRG is disbursed to the petitioner not later than six weeks from the date of receipt of a copy of this judgment, failing which it will carry interest at the rate of 9% from the date on which the petitioner retired from the service and until it is actually paid. As regards the question of interest in the event the afore amount is paid within the time frame fixed above, the petitioner will be at full liberty to invoke his available remedy, if he is so interested, before the appropriate forum.
Sd/- DEVAN RAMACHANDRAN stu JUDGE
APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 30.01.2019 IN COC(C)NO.162 OF 2019. EXHIBIT P2 TRUE COPY OF THE LETTER NO.B/4433/2016 DATED 20.12.2016 ALONG WITH THE REPORT. EXHIBIT P3 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 17.04.2018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P4 TRUE COPY OF THE OFFICIAL NOTE DATED 19.03.2018 EXHIBIT P5 TRUE COPY OF THE EXPLANATION DATED 21.05.2018 SUBMITTED BY THE PETITIONER. EXHIBIT P6 TRUE COPY OF THE ORDER DATED 25.06.2018 ISSUED BY THE KERALA STATE COMMISSION FOR PROTECTION OF CHILD RIGHTS. EXHIBIT P7 TRUE COPY OF THE LETTER DATED 19.08.2018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P8 TRUE COPY OF THE INTERIM ORDER DATED 19.09.2018 IN W.P(C)N0.30682/2018 EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER DATED 14.11.2018 IN W.P(C)NO.30682/2018 EXHIBIT P10 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 7.09.2018 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER EXHIBIT P11 TRUE COPY OF THE EXPLANATION DATED 09.09.2018 SUBMITTED BY THE PETITIONER EXHIBIT P12 TRUE COPY OF THE ORDER NO.M/25/2018 DATED 11.09.2018 EXHIBIT P13 TRUE COPY OF THE LETTER DATED 12.09.2018 ISSUED BY THE 5TH RESPONDENT EXHIBIT P14 TRUE COPY OF THE CHALAN DATED 16.08.2019 SHOWING PAYMENT OF RS.898/-TO THE TREASURY
EXHIBIT P15 TRUE COPY OF THE CHALAN DATED 16.08.2019 SHOWING PAYMENT OF RS.5,490/- TO THE TREASURY
EXHIBIT P16 TRUE COPY OF THE GRATUITY PAYMENT ORDER
DATED 29.07.2019 EXHIBIT P17 TRUE COPY OF THE REPRESENTATION DATED 10.06.2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.