Kerala High Court
C.Chellappan vs State Of Kerala
Author: T.R. Ramachandran Nair
Bench: T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR
THURSDAY, THE 22ND DAY OF MARCH 2012/2ND CHAITHRA 1934
WP(C).No. 11351 of 2005 (B)
---------------------------
PETITIONER:
-----------
C.CHELLAPPAN, VISHNU VILASOM,
NELLIDAPARA, POTTIMUKKU, KATTUMPURAM P.O.,
KILIMANOOR, THIRUVANANTHAPURAM., (HEAD MASTER(RTD.)
THENGUMOODU LPS PALODE, THIRUVANANTHAPURAM)
BY ADVS.SRI.B.RAGUNATHAN
SRI.G.S.MOHANDAS
SRI.V.V.MATHEW
RESPONDENTS:
------------
1. STATE OF KERALA, REP. BY SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001
2. DIRECTOR OF PUBLIC INSTRUCTION,
THIRUVANANTHAPURAM-695 014.
3. THE ASSISTANT EDUCATIONAL OFFICER,
PALODE, PACHA P.O., THIRUVANANTHAPURAM-695 562.
BY ADV. GOVERNMENT PLEADER, SMT. LOWSY. A
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22-03-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DST
WP(C).No. 11351 of 2005 (B)
---------------------------
APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P1 : COPY OF ORDER DT. 8.7.2002 OF THE ACCOUNTANT GENERAL
(A&E), KERALA.
EXT.P2 : COPY OF ORDER DATED 23.1.04 OF THE CCOUNTANT GENERAL
(A&E), KERALA.
EXT.P3 : COPY OF THE CIRCULAR NO. 42/2003/FIN. 22.5.2003 ISSUED
BY THE 1ST RESPONDENT.
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
DST
T.R. Ramachandran Nair, J.
- - - - - - - - - - - - - - - - - - - - - - - -
W.P.(C) No. 11351 of 2005-B
- - - - -- - - - - - - - - - - - - - - - - - - - -
Dated this the 22nd day of March, 2012
JUDGMENT
The petitioner retired from service on 31.3.2002 while working as Headmaster of Thengumoodu L.P. School. This writ petition is filed seeking for a direction to disburse the retirement benefits including DCRG.
2. In the counter affidavit filed by the third respondent it is stated that the Headmaster of G.L.P.School, Thengumood forwarded a liability certificate amounting to Rs.1,98,522/-. Various other liabilities are also shown in the counter affidavit.
3. Learned counsel for the petitioner submitted that the liability shown in the counter affidavit has been cleared by the petitioner already, as averred in the reply affidavit. Going by the averments in para 4 of the counter affidavit, it can be seen that four items of liabilities are detailed, two of them are to the KSFE Regional Office, Thiruvananthapuram and the other liabilities are to KSFE, Pothencode Branch and the Taluk Servants Co-operative Society Ltd., Nedumangad, Palode.
4. In that view of the matter, the petitioner will produce the details showing clearing the liability, before the third respondent within a period of WPC.11351/2005 2 three weeks along with a certified copy of a copy of this judgment and the third respondent will thereafter issue NLC/LC (or revised LC already prepared, as it is submitted by the learned counsel for the petitioner that no such certificate has been communicated to the petitioner), within a further period of one month to enable the petitioner to get the withheld amount of DCRG. On production of the Non Liability Certificate, the amount towards DCRG and other benefits, if any, will be disbursed to the petitioner within a further period of one month.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.) kav/