A. Harish vs State Of Kerala
2023 Latest Caselaw 4200 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                         WP(C) NO. 9866 OF 2023
PETITIONER:

          A. HARISH
          AGED 57 YEARS
          S/O GOVI A., RETD. HEADMASTER, T.R KUNJIKRISHNAN U.P
          SCHOOL, VALANCHERY, MALAPPURAM - 676 552, RESIDING AT
          MANIKARNIKA HOUSE, NEAR NALANA HOSPITAL, RAMANATTUKARA
          P.O, KOZHIKODE, PIN - 673633
          BY ADV J.G.SYAMNATH


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT
          OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    2     THE DIRECTOR OF GENERAL EDUCATION
          DIRECTORATE OF GENERAL EDUCATION, JAGATHY P.O.
          THIRUVANANTHAPURAM, PIN - 695014
    3     THE DEPUTY DIRECTOR OF EDUCATION
          DOWNHILL P.O, MALAPPURAM, PIN - 676519
    4     THE DISTRICT EDUCATIONAL OFFICER TIRUR
          CIVIL STATION, TIRUR P.O, MALAPPURAM DISTRICT,
          PIN - 676101
    5     THE ASSISTANT EDUCATIONAL OFFICER KUTTIPURAM
          OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, P.O.
          KUTTIPURAM, MALAPPURAM DISTRICT, PIN - 679571
    6     THE HEAD MISTRESS
          T.R. KUNJIKRISHNAN U.P SCHOOL, VALANCHERY, VALANCHERY
          P.O., MALAPPURAM DISTRICT, PIN - 676552
    7     THE ACCOUNTANT GENERAL (A&E)
          M.G. ROAD, THIRUVANANTHAPURAM, PIN - 695039
    8     THE SUB TREASURY OFFICER
 WP(C) NO. 9866 OF 2023

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            FEROKE, OLD NH ROAD FEROKE, P.O. FEROKE,
            MALAPPURAM DISTRICT, PIN - 673631
            BY ADV.
            SMT.SURYA BINOY, SENIOR GP

     THIS    WRIT     PETITION   (CIVIL)   HAVING   COME   UP    FOR
ADMISSION    ON   31.03.2023,    THE   COURT   ON   THE   SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 9866 OF 2023

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                P.V.KUNHIKRISHNAN, J.
               ------------------------------
                W.P.(C)No. 9866 of 2023
       ----------------------------------------------
       Dated this the 31st day of March, 2023


                           JUDGMENT

The above writ petition is filed with the following

prayers:

"(i) To issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to release the entire DCRG sanctioned to the Petitioner vide Exhibit-P1 with an 18% penal interest from 31-05-2022 till the date of payment, within a time limit to be prescribed by this Hon'ble Court.

(ii) To direct to dispense with the production of English translation of documents in vernacular languages.

(iii) To grant such other relief as this Hon'ble Court deems fit and proper to grant."[SIC]

2. The main grievance of the petitioner is that the

DCRG sanctioned to the petitioner as per Ext.P1 is not

disbursed. Hence this writ petition is filed.

3. Heard the counsel appearing for the petitioner WP(C) NO. 9866 OF 2023

and the learned Government Pleader.

4. When this writ petition came up for

consideration on an earlier occasion, this Court directed

the Government Pleader to get instruction as to why the

DCRG is not disbursed. Today the Government Pleader

submitted that the petitioner while working as

Headmaster has not properly kept certain official records

and there is a proposal to fix liability to the petitioner

and the same will be finalised within ten days. If that is

the case, after deducting the amount of liability, if any,

fixed by the authority, the respondents shall disburse the

DCRG. The petitioner is free to challenge the liability, if

any, fixed by the authority in accordance with law.

Therefore, this writ petition is disposed of in the

following manner:

i. Respondents 3 to 5 are directed to

disburse the DCRG amount due to the petitioner

after deducting the amount of liability, if any fixed,

as expeditiously as possible, at any rate, within a WP(C) NO. 9866 OF 2023

period of two months from the date of receipt of a

stamped certified copy of this judgment.

ii. If the petitioner is aggrieved by the

liability, if any fixed, the petitioner is free to

challenge the same in accordance with law.

Sd/-

P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 9866 OF 2023

APPENDIX OF WP(C) 9866/2023

PETITIONER EXHIBITS EXHIBIT-P1 A TRUE COPY OF THE G.P.O. NO.

1222257710 DATED 27-10-2022 EXHIBIT-P2 A TRUE COPY OF THE BOND SUBMITTED BY THE PETITIONER DATED 22-03-2022 EXHIBIT-P3 A TRUE COPY OF THE G.O.(P) NO.

185/2002/FIN DATED 27-03-2002 EXHIBIT-P4 A TRUE COPY OF THE G.O.(P) NO.

55/2019/FIN DATED 04-05-2019 EXHIBIT-P5 A TRUE COPY OF THE PENSION PAYMENT ORDER NO. 1122225051 DATED 28-03-2022 OF SMT. REMA T.P.

 RESPONDENT EXHIBITS: NIL

        //TRUE COPY//                PA TO JUDGE