SULEKHA A Vs. N. A. DAS

JUDGEMENT

(1.) Leave granted.

(2.) The appellant retired as a Reader in Chemistry with the respondent College. The retirement was on 31-3-1998 but the appellant was not paid her retiral benefits. She filed a writ petition before the High Court. The respondents appeared before the learned Single Judge and contended that the appellant was liable to pay certain amounts on account of the value of books which were found missing and in respect of which a liability certificate had been issued by the respondent College on 22-9- 1998. The learned Single Judge was of the view that the appellant could not be made liable for the missing books and that the liability certificate was to that extent illegal. Accordingly, the learned Judge allowed the writ petition and directed that the appellant be paid all the retiral benefits together with interest at 12% per annum with effect from six months from the date of the superannuation. In addition the learned Single Judge directed that the amount of interest should be recovered from the 5th respondent who was then acting as the Principal.

(3.) The matter was taken up before the Division Bench. Although the Court upheld the finding of the learned Single Judge that the appellant was not at fault and could not be held liable for the missing books nevertheless the Division Bench set aside the direction of the learned Single Judge insofar as it directed payment of interest.