IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35330 of 2008(E)
1. P.K.SUBRAMANIAN, AGED 76 YEARS,
... Petitioner
Vs
1. DEPUTY DIRECTOR OF EDUCATION,
... Respondent
2. ASSISTANT EDUCATIONAL OFFICER,
3. PRINCIPAL, G.R.S.R.V.H.S.S, VELUR.
4. REGIONAL DEPUTY DIRECTOR, HIGHER
5. COMMISSIONER OF GOVERNMENT EXAMS,
For Petitioner :SRI.P.SANTHOSH (PODUVAL)
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :02/12/2008
O R D E R
ANTONY DOMINIC, J
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W.P.(C).No.35330/2008
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Dated this the 2nd day of December, 2008
JUDGMENT
Petitioner retired from service as AEO on 31.3.2007.
The writ petition was necessitated for the reason that his
gratuity has not been paid so far.
2. From Exts.P2 and P3, it is seen that there were
three objections. One is that the 2nd and 3rd respondents
have not been issued liability or non-liability certificate so
far. The second objection is that the amount received by
the petitioner in the auction of a tree has not been
accounted. It is seen from Ext.P4 that subsequently the said
objection has been cleared. Now what remains is the 3rd
objection in relation to the amount of Rs.14,133/- spent for
the SSLC examination. Petitioner submits that this amount
ought to have been either refunded or admissibility
WP(c).No.35330/08 2
certificate should have been issued by the 5th respondent.
The aforesaid being the objections, the payment of
gratuity due to the petitioner cannot be delayed. If there is
delay on the part of the 5th respondent, that also cannot
justify the delay. In view of the above, it is directed that
the 2nd and 3rd respondents shall issue a liability certificate
or non-liability certificate as the case may be to the first
respondent within 6 weeks from the date of production of
a copy of this judgment and the the first respondent shall
take necessary steps for release of the gratuity due to the
petitioner without any further delay. The claim of the
petitioner for interest is left open.
Writ Petition is disposed of as above.
ANTONY DOMINIC
JUDGE
vi.
WP(c).No.35330/08 3