K S RADHAKRISHNAN Vs. DIRECTOR OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) The petitioner herein was the Vice Chancellor of Sree Sankaracharya University of Sanskrit, Kalady. He was in the service of Government Collegiate Department since 01/06/1983 and his appointment was regularised vide order dated 02/08/1983 of the Director Collegiate Education. He was appointed as Reader by order dated 29/10/2002 of the Director of Collegiate Education. The documents are referred to as produced in WP (C) No. 1411/2009.

(2.) As per Ext. P1 notification dated 07/12/2004 the petitioner was appointed as the Vice Chancellor of the above University with effect from 10/12/2004 and the period was to expire on 09/12/2008. Ext. P4 is the communication dated 04/10/2007 addressed to the Director of Collegiate Education intimating that he would like to voluntarily retire from service with effect from 09/12/2008 from the University in the present cadre and further requesting to take necessary steps to transfer his service in Collegiate Education Department and remit the required pension contribution to the University. Ext. P5 is the letter addressed by the Registrar of the University to the Director of Collegiate Education, forwarding Ext. P4 further requesting to pass appropriate orders on the petitioner's request. The Government by Ext. P6 order dated 05/04/2008 accorded sanction for the remittance of Rs.16,76,127/- with simple interest at the rate of 5% from the date of acquittance to the date of remittance. Ext. P7 is the further communication issued by the Director of Collegiate Education according sanction for payment of Rs.19,55,481/-, i.e. Rs.16,76,127/- as pro - rata pension + Rs.2,79,354/- as interest in respect of the petitioner. Sanction was accorded to draw the amount from the District Treasury Trivandrum and to pay the amount by way of Demand Draft drawn in favour of Finance Officer of the University.

(3.) Subsequently the Government by Ext. P9 letter, directed the petitioner to approach the Chancellor by forwarding the representation, for the orders of the Chancellor who is the appointing authority of the Vice Chancellor and accordingly the petitioner forwarded a request as Ext. P10. Later, the Chancellor by Ext. P11, along with the Government Letter dated 29/09/2008, replied to the petitioner directing him to approach the parent department for seeking voluntary retirement. Ext. P12 is the said letter addressed by the Principal Secretary to Government to the Deputy Secretary, Governor's Secretariat wherein the Government has taken the stand that as the appointment of the petitioner is on deputation, the parent department will have to examine the matter. Even prior to that, the petitioner had approached this Court by filing WP (C) No. 29674/2008 seeking for a direction to disburse the amounts as sanctioned, within a specified time limit. The writ petition was amended later, when Ext. P12 proceedings were issued wherein the Government took the view that it is for the parent department to deal with the matter.