C J GEORGE Vs. GOVT OF KERALA

JUDGEMENT

(1.) The petitioner retired as Physical Education Teacher from an aided school on 31.3.2010. It is stated that even before retirement, the necessary papers and documents were forwarded to the Deputy Director of Education. However, the pensionary benefits were not given to the petitioner even after six months of his retirement. It is stated that the petitioner made enquiries and came to know that the pensionary benefits were not disbursed on account of non regularisation of his pay fixation from 1.3.1992 onwards, excluding leave without allowance. It is also stated that as per Exhibit P1, the pay fixation was regularised. Even thereafter, the pensionary benefits were not given to the petitioner.

(2.) The reliefs prayed for in the Writ Petition are the following :

(3.) The learned Government Pleader, on instructions, submitted that leave without allowance was availed by the petitioner for a period of 290 days without medical certificate. That period was also taken as qualifying service for granting Increment, Grade fixation and Pay Revision. This was pointed out by the Deputy Director as an irregularity and therefore, a direction was issued to regularise the Increments, Grade, Pay Revision etc. Copy of the objection was forwarded to the Headmaster directing him to refix the pay of the petitioner and to get refund of the excess pay drawn. The Headmaster submitted a reply to the audit objection, which was forwarded by the Assistant Educational Officer to the Deputy Director of Education. The Deputy Director rejected the reply and directed the Assistant Educational Officer to refix the pay of the petitioner. Accordingly, the pay of the petitioner was revised. The Headmaster was directed to resubmit the revised pension proposal which was done by him. The service book of the petitioner was resubmitted to the Deputy Director. It is also submitted that the pensionary benefits of the petitioner were sanctioned by the Assistant Educational Officer and the proposal was forwarded to the Accountant General for authorising pensionary benefits. The learned Government Pleader also submitted that the petitioner has liabilities to various financial institutions. It is submitted that the pension would be disbursed after receipt of authorisation from the Accountant General and the DCRG would be given after adjusting the liabilities.