Kerala High Court
Shaji K vs State Of Kerala on 11 January, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 11TH DAY OF JANUARY 2023 / 21ST POUSHA, 1944
WP(C) NO. 39728 OF 2022
PETITIONER:
SHAJI K.
AGED 58 YEARS
S/O.LATE KOCHUPILLAI, AGED 58 YEARS, HEADMASTER
(RETIRED), MUSLIM U.P.S. THAZHUTHALA, KANNANALLOOR,
KOLLAM, RESIDING AT VARUVILA, MAYYANAD P.O., KOLLAM-691
303.
BY ADVS.
B.MOHANLAL
ABIJITH M.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR GENERAL OF EDUCATION,
GOVERNMENT OF KERALA, JAGATHY P.O., THIRUVANANTHAPURAM-
695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
THEVALLY P.O., KOLLAM-691 009.
4 THE ASSISTANT EDUCATIONAL OFFICER,
CHATHANNOOR, CHATHANNOOR P.O., KOLLAM-691 572.
OTHER PRESENT:
SMT NISHA BOSE SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2
WP(C) NO. 39728 OF 2022
JUDGMENT
The petitioner, while working as Headmaster, Muslim U.P.S,
Thazhuthala, attained superannuation on 31.05.2021 after completing about
28 years of service. Petitioner asserts that, by Ext.P1 order, the pensionary
benefits to the tune of Rs.12,13,380/- were sanctioned towards D.C.R.G and
a sum of Rs.37,800/- towards pension. Pursuant to the same, the AEO,
Chathannoor, the 4th respondent herein, has issued a non-liability certificate
as evident from Exts.P2 and P3. Petitioner asserts that no disciplinary
proceedings have been initiated against the petitioner, and no liability has
been fixed against the petitioner while he was in service.
2. According to the petitioner, in view of Ext.P4 Government Order,
the respondents are bound to disburse the pensionary benefits to the retired
employees without delay. The petitioner submitted Ext.P5 bond before the
4th respondent in terms of Ext.P4 Government Order and in tune with Rule
WP(C) NO. 39728 OF 2022
116 Ruling No:5 of Part III of KSR. Complaining of inaction and seeking
disbursal of the amount, the petitioner is before this Court seeking the
following reliefs:
(i) To call for the records leading to the Petitioner's case from the
Respondents and issue a writ of certiorari or other appropriate writ, order or
direction quashing the order withholding DCRG Rs.12,13,380/- from the
Petitioner.
(ii) To issue a writ of mandamus or other appropriate writ, order or direction
commanding the Respondents to issue Non Liability Certificate to the
Petitioner and disburse DCRG Rs. 12,13,380/- as per Ext.P1 Order with 12%
interest to the Petitioner from 01/06/2021 within a stipulated time as directed
by this Hon'ble Court.
(iii) To declare that the Petitioner is entitled to get DCRG Rs.12,13,380/- as
per Ext.P1 Order with 12% interest from 01/06/2021.
3. A counter affidavit has been filed by the 4th respondent wherein
it is stated that an inspection was conducted by the super check cell in the
year 2019, which revealed that bogus admissions were effected during the
academic years 2018-2019 and 2019-2020. On the basis of the report so
submitted, the 2nd respondent directed the 4th respondent to revise the staff
WP(C) NO. 39728 OF 2022
fixation of the school during 2018-2019 and 2019-2020. Directions were also
issued to the 4th respondent to recover the loss sustained by the Government
on various accounts from the Headmaster and the teachers who were in class
charge. It is stated that though the Manager had filed a revision petition
before the 1st respondent, no orders have yet been passed. Furthermore, a
certain Gafoor M.A. had filed a complaint before the Superintendent of Police,
Vigilance and Anti Corruption Bureau, Thiruvananthapuram, complaining of
the bogus admissions. In view of the pendency of the proceedings before the
1st respondent and also the complaint filed by the aforesaid Gafoor, the 4 th
respondent is not in a position to assess the quantum of liability or to
disburse the benefits to the petitioner.
4. Sri. Mohan Lal, the learned counsel appearing for the petitioner,
submitted that the complaint filed by Sri. M.A.Gafoor on 30.07.2017 stands
closed, and reference is made to a communication dated 23.04.2018. The
learned counsel would further point out that no disciplinary proceedings were
initiated against the petitioner herein during the period he was in service. The
WP(C) NO. 39728 OF 2022
learned counsel would finally refer to Ext.P4 and it is submitted that the
Government has ordered that in those cases where cognizance has not been
taken by the Magistrate, pensionary benefits can be released after obtaining
consent as per the format attached to Annexure-3.
5. I have heard the learned Government Pleader who reiterated the
assertions in the counter.
6. The first reason stated in the counter is that the pensionary
benefits have not been disbursed due to the pendency of the revision petition
filed by the Manager. The second reason is on account of a complaint filed by
one Gafoor. The specific assertion of the petitioner is that no disciplinary
proceedings were initiated against him during the period while he was in
service. This assertion is not controverted in the counter affidavit. The
learned counsel has pointed out that the complaint lodged by the aforesaid
Gafoor has been closed. In any case, as per Ext.P4, the Government has
ordered that if the Magistrate has not taken cognizance and the Calender
Case number has not been issued, pensionary benefits can be released after
WP(C) NO. 39728 OF 2022
obtaining her consent in terms of the format attached in Annexure-3. The
petitioner has already submitted Ext.P5 undertaking, which is in tune with
Rule 116 and Ruling No. 5 of Part III of the KSR and Ext.P4. In that view of
the matter, the respondents are bound to disburse the pensionary benefits
after accepting the undertaking in Annexure 3.
7. In view of the discussion above, this writ petition is ordered by
issuing the following directions:
a) There will be a direction to respondents 1 to 4 to disburse DCRG of
Rs. 12,13,380/- to the petitioner in terms of Ext.P1 order on accepting
Ext.P5 bond.
b) The above exercise shall be carried out and the amounts disbursed
be within one month from the date of receipt of a copy of this judgment.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V,
ps/ JUDGE
WP(C) NO. 39728 OF 2022
APPENDIX OF WP(C) 39728/2022
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ORDER DATED 05.05.2022
ISSUED BY THE ACCOUNTANT GENERAL, A&E,
THIRUVANANTHAPURAM TO THE PETITIONER.
Exhibit P2 THE TRUE COPY OF THE COMMUNICATION ISSUED BY
THE BLOCK PROJECT CO-ORDINATOR, BLOCK
RESOURCE CENTRE, CHATHANNOOR DATED 31.11.2021
TO THE 4TH RESPONDENT AND THE NON-LIABILITY
CERTIFICATE.
Exhibit P3 THE TRUE COPY OF THE COMMUNICATION
NO:A/2691/2021 DATED 16/12/2021 AND THE AUDIT
REPORT FORWARDED BY THE 4TH RESPONDENT TO THE
HEAD MASTER, MUSLIM U.P.S., THAZHUTHALA.
Exhibit P4 THE TRUE COPY OF THE G.O. (P)NO:67/2020/FIN.
DATED 27/05/2020 ISSUED BY THE GOVERNMENT.
Exhibit P5 THE TRUE COPY OF THE BOND DATED 14/10/2022
SUBMITTED BY THE PETITIONER BEFORE THE 4TH
RESPONDENT AND THE REPRESENTATION.
