IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 984 of 2008()
1. K.R.LEELA BHAI, W/O.E.CHANDRASEKHARA
... Petitioner
Vs
1. DISTRICT EDUCATIONAL OFFICER,
... Respondent
2. THE DEPUTY DIRECTOR (EDUCATION).
3. KERALA STATE CO-OPERATIVE BANK LTD.,
4. THE DIRECTOR OF PUBLIC INSTRUCTIONS,
5. THE ACCOUNTANT GENERAL (KERALA ),
6. STATE OF KERALA, REPRESENTED BY THE
For Respondent :SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :20/06/2008
O R D E R
J.B.KOSHY & P.N.RAVINDRAN, JJ.
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W.A.Nos.984 of 2008 &
W.P.(C)No.11498 OF 2008
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Dated 20th June, 2008
JUDGMENT
Koshy,J.
Appellant/writ petitioner in these cases was compulsorily
retired from service as Headmistress with effect from 30.6.2007. On the
basis of certain discrepancies in the audit of accounts regarding noon-
feeding of the students, disciplinary action was taken against her which
finally resulted in compulsory retirement. There is no dispute that she is
entitled to DCRG, commuted value of pension and monthly pension after
deducting the dues at the time of retirement. She had about 29 years of
service. The liability fixed as per order dated 18.2.98 is only
Rs.1,44,238/= it is stated that the amount is payable mainly because of
absence of proper vouchers and according to the petitioner, that amount
will be substantially reduced after verification of vouchers. Whatever
that may be, according to her, DCRG itself is Rs.3,95,582/= and
commuted value of pension is Rs.4,48,944/= and monthly pension after
commutation will be Rs.8,190/= including DA and one year’s pension is
already in arrears. It is also stated that as per Ext.P1, bill was already
prepared as pay revision arrears amounting to Rs.1,31,350/=. It is true
that petitioner has taken loan from the third respondent bank. According
W.A.984 & W.P.(C)11498 of 2008 2
to the bank, balance due is Rs.1,63,831/= as on 31.5.2008.
Contention of the petitioner is that whatever amount due to the bank
may be taken from DCRG due to her and even if the amount due to
the Government as alleged is adjusted, there will be lakhs of rupees
payable to her. In any event, DCRG and commuted value of pension
will be sufficient to meet the liabilities as well as dues to the bank. In
the above circumstances, the amount of pay revision arrears as per
Ext.P1 should be released to the petitioner forthwith as it is submitted
that her husband is under treatment and money is required. It
should be paid within one month from today positively. Liability also
should be fixed by the Government within three years of the
retirement as required under the rules and balance amount should be
paid to her after settling the liability and dues to the bank. This
judgment will not prevent the petitioner from challenging the liability
fixed by the Government as well as the Bank in appropriate
proceedings.
Both writ appeal and writ petition are disposed of
accordingly.
J.B.KOSHY
JUDGE
P.N.RAVINDRAN
JUDGE
tks