BHASKARAN S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is stated to have retired, on attaining the age of superannuation, as a Professor from the services of the Kerala Agricultural University (for short, 'the University') and he has approached this Court with an innocuous prayer that the respondents be directed to settle his terminal benefits, adverting to Ext.P8 order of the University, within a time frame to be fixed by this Court.

(2.) Sri.Robson Paul, the learned standing counsel for the University, on the other hand, does not contest the petitioner's claim but says that the University is unable to issue proceedings with respect to the retiral benefits of the petitioner,since the Kerala State Audit Department has raised two objections against past services of the petitioner, namely that: (a) the Leave Without Allowance (LWA) granted to him from 26.09.1995 to 06.01.1997 was incorrect, since it was not supported by medical certificates; and (b) that the University was in error in having allowed the petitioner to rejoin on 08.02.2001, because he had earlier resigned from their services. The University, therefore, says that they are unable to move forward on account of the afore audit objections raised.

(3.) Sri.Suresh Babu, the learned Special Government Pleader appearing on behalf of the State of Kerala and its functionaries, submitted that a counter affidavit has been filed on record, wherein, the afore objections have been specifically explained and that the Kerala State Audit Department was under duty, as the statutory Auditor, to point out the same. The learned Special Government Pleader, therefore, submitted that on account of the unlawful actions of the University, the petitioner cannot be now granted the benefits as has been prayed for by him.