Sebastian K.F. vs The Accountant General
2021 Latest Caselaw 6255 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

                      WP(C).No.28091 OF 2015(J)


PETITIONERS:

               SEBASTIAN K.F., AGED 51 YEARS,
               S/O FRANCIS, KARUKAPARAMBU HOUSE,
               PUNNAPRA, ALAPPUZHA - 688 004


               BY ADV. SRI.MATHEW JAMES

RESPONDENTS:

      1        THE ACCOUNTANT GENERAL, OFFICE OF THE ACCOUNTANT
               GENERAL, THIRUVANANTHAPURAM 695 001.

      2.       THE FINANCE SECRETARY, GOVERNMENT OF KERALA,
               SECRETARIAT, THIRUVANANTHAPURAM - 695 001

      3.       THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE
               DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA 688 001.

      4.       THE HEAD MASTER, ST.JOSEPH'S HIGH SCHOOL, PARAVUR,
               PUNNAPRA, ALAPPUZHA 688 004

      5.       THE MANAGER, KERALA STATE FINANCIAL ENTERPRISES,
               CHERTHALA BRANCH, ALAPPUZHA 688 011

      6.       THE SECRETARY, ALAPPUZHA TALUK AIDED SECONDARY
               SCHOOL EMPLOYEES CO-OPERATIVE BANK LIMITED NO.338,
               OLD THIRUMALA, MULLACKAL P.O, ALAPPUZHA 688 011.

      7.       THE SECRETARY, AMABALPUZHA TALUK AIDED PRIMARY
               SCHOOL EMPLOYEES CO-OPERATIVE BANAK LTD. NO.A313,
               ALAPPUZHA 688 007

      8.       PRASANTH SAMSON, CLERK, ST.THOMAS HIGH SCHOOL,
               PUNNAPRA, ALAPPUZHA 688 004.

               TOMY P, PEON, GOVERNMENT U.P.SCHOOL, VADACKAL,
      9.
               ALAPPUZHA 688 001.
 WPC 28091/15
                                 2


               BY ADVS.
               SRI.R.HARIKRISHNAN
               SRI.V.S.KARTHIKEYAN
               SRI.C.V.MOHAN
               SRI.E.RAMACHANDRAN
               SRI.R.UMASANKAR
               SRI. P.M.MANOJ - SR.GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 28091/15
                                            3


                                   JUDGMENT

The petitioner has approached this Court

seeking that the Death-cum-Retirement Gratuity

(DCRG), consequent to his superannuation as

Peon from the services of 'St.Joseph's High

School', Paravur, Alappuzha, be disbursed at

the earliest. He says that he has retired on

02.01.2015 and alleges that non-disbursement

of the DCRG is illegal, arbitrary and

violative of his fundamental rights. He,

therefore, prays that respondents be directed

to pay the DCRG at the earliest.

2. In response to the afore submissions

made on behalf of the petitioner by his

learned counsel - Sri.Mathew James, the

learned Special Government Pleader for Finance

- Sri.C.M.Suresh Babu, submitted that a

counter affidavit has been filed by the 3rd

respondent, wherein, it has been made clear

that there are several liabilities found WPC 28091/15

against the petitioner to various entities and

that he has given an undertaking in each such

case that same can be recovered from his DCRG.

He, therefore, submitted that in such

circumstances, the 3rd respondent is

incapacitated from passing orders with respect

to the petitioner's DCRG.

3. Even when I hear the learned Special

Government Pleader on the afore lines, the

fact remains that if there are liabilities

against the petitioner, as has been now

stated, it is for the competent Authority to

consider the same and take a decision on the

DCRG of the petitioner, following due

procedure and after notifying the persons who

have now made claims against his retiral

benefits. The 3rd respondent, therefore, cannot

keep the matter pending ad infinitum, merely

saying that the petitioner's DCRG cannot be

released, unless the liabilities of various WPC 28091/15

entities are cleared by him.

In the afore circumstances, I order this

writ petition and direct the 3rd respondent to

hear the petitioner, as well as all other

entities/persons who have staked claim against

his DCRG, and take a decision as to the

payment of the same in terms of law, as

expeditiously as is possible, but not later

than four months from the date of receipt of a

copy of this judgment.

I make it clear that while the afore

exercise is completed, the 3rd respondent will

specifically verify if the petitioner has

executed undertakings as per law with respect

to payment of liabilities from his DCRG and if

it is found so, the resultant order will

record it specifically.

Sd/-

                                                  DEVAN RAMACHANDRAN
       RR                                                     JUDGE
 WPC 28091/15


                            APPENDIX
       PETITIONER'S/S EXHIBITS:

       EXHIBIT P1        P1- TRUE COPY OF THE COMMUNICATION
                         DATED 26.6.2015 OF THE 3RD

RESPONDENT TO THE 4TH RESPONDENT

EXHIBIT P2 P2- TRUE COPY OF THE SALARY DEDUCTION STATEMENT FROM JANUARY 2014 TO OCTOBER 2014

EXHIBIT P3 P3- TRUE COPY OF THE RECEIPT DATED 4.9.2014 EVIDENCING PAYMENT OF RS.12,000/-

EXHIBIT P4 P4- TRUE COPY OF THE NOTICE DATED 2.1.2015