IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 6513 of 2000(A)
1. NSS
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.P.G.PARAMESWARA PANICKER (SR.)
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :16/09/2008
O R D E R
S.SIRI JAGAN, J
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O.P.No.6513 of 2000
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Dated this the 16th day of September, 2008.
J U D G M E N T
The petitioner is an educational agency running a private
aided college. One Smt. L. Bharghavi Amma was the principal
of the college who retired from service on 10.5.1986 on
attaining 60 years of age. She was granted pensionary
benefits. Subsequently the Deputy Director of Collegiate
Education, Thrissur fixed a liability of Rs. 5,83,555.20 on the
said Smt. L. Bharghavi Amma. The said Bharghavi Amma
challenged the steps to recover the liability from her
retirement benefits on the ground that the same is barred by
limitation, since the liabilities were not fixed until 23.4.1994
where as the said Bharghavi Amma retired from service in
1986. The contention of Smt. Bharghavi Amma was accepted
by this Court. Accordingly, this court directed the respondents
therein which are the State and the Government officers to
disburse the full pensionary benefits due to the said
Smt.Bharghavi Amma, with arrears and 12% interest.
Thereafter the Director of Collegiate Education, Thrissur
issued Ext.P2 order transferring the liabilities of the said
O.P.No.6513 of 2000 – 2 –
Bharghavi Amma to the petitioner, management. Ext.P2 is
under challenge before me.
2. The petitioner’s contention is that there is no provision
of law anywhere for recovery of amounts due from a principal
of an aided college from the management of the college.
3. A counter affidavit has been filed in which the
contention is that as per the direct payment agreement, the
Government has issued Ext.R1(a) (which is same as Ext.P3)
Government order which authorised transferring of such
liability to the management.
4. I have considered the rival contentions in detail.
5. The learned Government Pleader has not been able to
point out any provision of law either in the University statutes
or in the KSR which makes the management of an aided
college liable for amounts due from the principal of the
college. As far as the management is concerned, they are not
involved in any monetary transactions conducted by the
principal of their college. The amounts collected as fees etc
from the students by the principal are directly paid into the
Treasury by the the principal. At no point of time the
management of a college has any duty in respect of the same.
The money belonging to the Government does not come to the
O.P.No.6513 of 2000 – 3 –
hands of the management at any time. The accounts of the
college are also audited by the Deputy Director of education.
In fact apart from making appointments of teachers and staff
in the college and collecting maintenance allowance from the
Government no other amounts are paid to the management
either by the Government or by the principal. If any amounts
are to be fixed as liability on the principal it is the Deputy
Director of Education or the Director of Collegiate Education to
do the same and to recover it from the principal. Law does not
cast a duty in this respect also on the management. As such
the management cannot be made liable for any amounts due
from the principal.
6. Even going by Ext.R1(a), the liability can be transfered
to the management only with consent of the management that
to in respect of the nine items of amounts mentioned therein.
Neither in Ext.P2 nor in the counter affidavit filed before this
court has the respondents cared to give details of the liability
in recoverable from Smt. L. Bharghavi Amma sought to be
transferred to the management. That being so, by no stretch of
imagination can the management be made liable for amounts
due from the principal. As such Ext.P2 is clearly without
jurisdiction. Accordingly, Ext.P2 is quashed. It is declared
O.P.No.6513 of 2000 – 4 –
that the petitioner is not liable for any amounts due from the
said L. Bharghavi Amma. However, this shall not preclude the
respondents for recovering the liability form any other person,
who caused loss by not recovering the same from
Smt. L. Bharghavi Amma in time, of course after complying
with principles of natural justice, if they can validly do so at
this point of time
The writ petition is allowed as above.
S.SIRI JAGAN, JUDGE
rhs