IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19152 of 2008(E)
1. DR.S.RAMACHANDRAN, RTD. PRINCIPAL,
... Petitioner
Vs
1. STATE OF KERALA REP. BY ITS SECRETARY,
... Respondent
2. THE DIRECTOR OF COLLEGIATE EDUCATION,
3. THE ACCOUNTANT GENERAL (A & E),
4. THE DEPUTY DIRECTOR OF COLLEGIATE
5. THE DEPUTY DIRECTOR OF COLLEGIATE
6. THE PRINCIPAL, S.V.R.N.S.S.COLLEGE,
7. THE PRINCIPAL,P.R.N.S.S.COLLEGE,
8. THE SUB TREASURY OFFICER,
For Petitioner :SRI.S.HARIKRISHNAN
For Respondent :SRI.P.G.PARAMESWARA PANICKER (SR.)
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :11/06/2009
O R D E R
T.R. RAMACHANDRAN NAIR, J.
~~~~~~~~~~~~~~~~~~~~~~~~~~~
W.P.(C). No.19152/2008-E
~~~~~~~~~~~~~~~~~~~~~~~~~~~
Dated this the 11th day of June, 2009
J U D G M E N T
The petitioner herein retired from service on 31/03/2007 while
working as a Principal of the S.V.R.N.S.S College, Vazhoor. The main
grievance raised in the writ petition is regarding the non disbursement of the
revised pensionery benefits allowed as per G.O.(P).No.38/07/(33).Fin dated
31/01/2007. The petitioner had a further grievance regarding the non
disbursement of provident fund amount as well as earned leave surrender
benefits and final settlement of Group Insurance and Family Benefit
Scheme amounts due to him. Presently, it is submitted that except the
sanction of revised pension in accordance with the Government Order that
is mentioned, the other benefits have been drawn and disbursed to him.
2. Heard the learned counsel for the Management. It is averred in
paragraph (12) of the counter affidavit filed by the sixth respondent that the
proposal for the revised pension of the petitioner was forwarded to the
Deputy Director of Collegiate Education, Kottayam for obtaining his
counter signature. The Deputy Director of Collegiate Education noted
certain defects in the proposal for the sanction of revised pension and
W.P.(C). No.19152/2008
-:2:-
returned the same for curing the defects along with letter dated 20/03/2008.
On receipt of the same and after curing the defects, the papers have been
resubmitted to the Deputy Director of Education on 13/05/2008 and the
matter is pending before him.
3. The petitioner has got a further grievance that from the
D.C.R.G that is payable, a liability to the tune of Rs.39,125/- has been
withheld, and against the same he has filed Ext.P6 representation before the
Director of Collegiate Education (the second respondent). Therefore, the
writ petition is disposed of in the following terms. The Deputy Director of
Collegiate Education, Kottayam, (the fourth respondent) will forward the
revised proposal for pension submitted by the sixth respondent college for
sanction, to the second respondent within three weeks from the date of
receipt of a copy of this judgment. Thereafter, the second respondent will
take up the proposal and pass final orders within a further period of two
months. The second respondent will consider Ext.P6 representation and
pass appropriate orders regarding the liabilities sought to be fixed against
the petitioner, after hearing the petitioner, within the above period. The writ
petition is disposed of accordingly.
(T.R. Ramachandran Nair, Judge.)
ms