G.Vincent vs State Of Kerala
2021 Latest Caselaw 4113 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                       WP(C).No.1169 OF 2021(U)


PETITIONERS:

      1        G.VINCENT
               AGED 58 YEARS
               PRINCIPAL (RETD.), K.K.M HIGHER SECONDARY SCHOOL,
               VANDITHAVALAM, RESIDING AT KUNDALAKULAMBU KALAM,
               MUTHALAMADA P.O, PALAKKAD DISTRICT.

      2        R. BHAGYANATHAN
               AGED 56 YEARS
               PRINCIPAL-IN-CHARGE(RETD.), C.A. HIGHER SECONDARY
               SCHOOL, PERUVAMBA P.O, PALAKKAD DISTRICT.

               BY ADV. DR.GEORGE ABRAHAM

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY TO GOVERNMENT,
               GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM - 695001.

      2        DIRECTOR OF GENERAL EDUCATION
               JAGATHY, THIRUVANANTHAPURAM - 695014.

      3        THE REGIONAL DEPUTY DIRECTOR
               DIRECTORATE OF HIGHER SECONDARY EDUCATION,
               MALAPPURAM - 682026.

               SRI.NISHA BOSE, SR. GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1169 OF 2021

                                     2



                              JUDGMENT

Dated this the 4th day of February 2021

Heard the learned counsel for the petitioners and the learned

Government Pleader.

2. It is submitted by the learned counsel for the petitioners that

the 1st petitioner has retired from service on 30.04.2019 and the 2 nd

petitioner on 31.05.2020. It is submitted that on the ground that

audit had not been completed, the retirement benefits due had not

been disbursed. It is submitted that Exts.P2 and P5 undertakings

have been submitted by the petitioners in accordance with Ext.P1

Government Order dated 27.05.2020.

3. The learned Government Pleader, on instructions, submits that

there are certain liabilities fixed by the C-Apt in respect of the

petitioners with regard to the text book sales in the school. It is

further submitted that the liabilities have been informed to the

petitioners as well. In the case of the 1st petitioner, it is submitted

that there is a recovery ordered with regard to increments drawn

which is under challenge in W.P.(C). No.23642/2018.

4. Having considered the contentions advanced, I am of the WP(C).No.1169 OF 2021

opinion that in view of Exts.P2 and P5 undertakings given by the

petitioners, the admitted amounts due as terminal benefits are liable

to be released to the petitioners. The questions with regard to

liability as well as recovery can be considered in appropriate

proceedings at the instance of the petitioners. In any view of the

matter, since the petitioners have retired from service in 2019 and

2020 respectively, the admitted dues cannot be withheld any further.

5. In the result, there will be a direction to the 3 rd respondent to

take immediate steps to see that the admitted retirement benefits

due to the petitioners less the liabilities, if any, are released, at the

earliest, at any rate, within a period of three weeks from the date of

receipt of a copy of this judgment. With regard to the Earned Leave

surrender amounts, the petitioners shall produce all documents as

sought for by the 3rd respondent and the said amount shall also be

released without delay.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.1169 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE GOVERNMENT ORDER GO(P) NO.67/2020/FIN. DATED 27.05.2020.

EXHIBIT P2 TRUE COPY OF THE UNDERTAKING EXECUTED BY THE 1ST PETITIONER.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 01.09.2020 ISSUED BY THE INDIAN AUDIT AND ACCOUNTS DEPARTMENT IN FAVOUR OF THE 1ST PETITIONER.

EXHIBIT P4 TRUE COPY OF THE ORDER ISSUED BY INDIAN AUDIT AND ACCOUNTS DEPARTMENT DATED 28.08.2020 TO THE 2ND PETITIONER.

EXHIBIT P5 TRUE COPY OF THE COVERING LETTER ISSUED BY THE PRINCIPAL ALONG WITH UNDERTAKING EXECUTED BY THE 2ND PETITIONER.

RESPONDENT'S/S EXHIBITS: NIL