PRINCIPAL S B COLLEGE Vs. THOMAS

JUDGEMENT

(1.) Question that has come up for consideration in this case is whether management of a college could deny issuance of last pay certificate and non liability certificate to a teacher on the plea that the teacher has to discharge some liability towards the management on the basis of certain transactions.

(2.) Short facts which are necessary for disposal of this case is as follows: Petitioner in the Original Petition while working as Selection Grade Lecturer retired from service on 30.6.1997. Pensionary benefits were sanctioned vide Ext. P1 letter dated 13.3.1997 by the Accountant General (A&E) Kerala, Thiruvananthapuram. Vide Exts. P2 and P3 orders petitioner was granted monthly pension of Rs. 2550/- plus DR beyond 608 points from 1.7.1997, death cum gratuity to the tune of Rs. 79,050/- and other benefits. The amount of pension commuted was Rs. 850/-, the value of the same was Rs. 1,16,484/-. According to the petitioner he is entitled to get pension from 1.7.1997. As per the Education Rules, management has to send last pay certificate as well as non liability certificate to the Office of the Accountant General. Due to non issue of certificates, petitioner was not granted pension, DCRG etc. The reason for non issue of non liability certificate is that in connection with Platinum Jubilee Celebrations of the College of which petitioner was Convenor of Art Committee, he arranged certain cine artists for the function. For the said purpose management entrusted certain amounts with the petitioner. According to the management, they entrusted with the petitioner Rs. 80,000/- so as to arrange cine artists. Most of the cine artists did not turn up. Stand of the management is that due to the lapse on the part of the petitioner cine artists did not turn up. Consequently he must recoup the amount. Management then served the petitioner with notice Exts. R5(c) and R5(d) to which petitioner filed detailed objection disputing the claim. Stand of the management is that Rs. 1,39,713/- is due from the petitioner. Due to the above reason last pay certificate and non liability certificate were not forward by the Principal of the College to the Accountant General. Due to the non issue of last pay certificate as well as non liability certificate petitioner did not get any retirement benefits. Under such circumstance petitioner approached this court by filing the present Writ Petition.

(3.) Learned Single Judge disposed of the Writ Petition directing the Principal of the College to issue NLC and LPC of the petitioner to the Office of the Deputy Director of Higher Education, Kottayam within one month from the date of receipt of a copy of the judgment. Deputy Director of Higher Education was further directed to disburse the pensionary benefits due to the petitioner. It was made clear the amount alleged to have been due to the management should not be treated as a liability as against the petitioner. It was also ordered that the judgment of the learned Single Judge would not preclude the management to recover any amount from the petitioner by initiating appropriate proceeding.