M. KARTHIKEYAN Vs. DIRECTOR OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) THE petitioner was appointed Lecturer in Malayalam in Sree Kerala Varma College, Thrissur under the Cochin Devaswom Board on 31.10.1966. He was the Head of the Department of Malayalam in that College from 10.3.1981 to 31.10.1994. He was relieved from that College on the afternoon of 31.10.1994 for taking up employment as a Professor in Sree Sankaracharya Sanskrit University, Kalady. He rejoined duty in Sree Kerala Varma College on the forenoon of 31.3.1997 and retired from that College on that day. Ext.P1 service certificate issued from that College shows the service details of the petitioner.

(2.) THE pension papers of the petitioner could be submitted only on 22.4.2002 owing to the delay occurred in connection with a seniority dispute. As per Ext.P2 order dated 29.7.2003, the Accountant General sanctioned Rs.2,55,630/- as Death-Cum- Retirement Gratuity (DCRG) and Rs.7743/- as pension to the petitioner. The Accountant General has forwarded the order sanctioning DCRG and pension to the first respondent, the Director of Collegiate Education. The first respondent forwarded a copy of that order to the Deputy Director of Collegiate Education, Thrissur, with a direction to make immediate arrangements to forward Non Liability Certificate (NLC), etc. Ext.P3 is that communication. While so, to his dismay, the petitioner received Ext.P4 copy of the letter dated 15.1.2004 sent by the second respondent, the Principal, Sree Kerala Varma College, Thrissur, to the Deputy Director of Collegiate Education, Thrissur, along with a copy of the Non Liability Certificate in respect of the petitioner. In that certificate, it is stated that a liability of Rs.29960/- is outstanding towards the cost of missing library books and requested to recover the same from the DCRG of the petitioner. Immediately on receipt of Ext.P4, the petitioner sent Ext.P5 letter dated 29.1.2004 to the second respondent pointing out the true facts and the fact that he was not liable to pay any amount and requesting to issue fresh orders absolving him from the liability so fixed and for sending, at the earliest, his Last Pay Certificate (LPC) and NLC as directed in the order of the first respondent enabling him to draw his pension without delay. He has also forwarded a copy of Ext.P5 to the first respondent. The first respondent, by his Ext.P6 letter dated 20.2.2004, intimated the petitioner that he was not in a position to issue NLC as he had not received NLC/LC from the Deputy Director of Collegiate Education. Aggrieved by Ext.P4 liability certificate issued by the second respondent and for quashing the same as also for a direction to the respondents to disburse the retirement benefits, the petitioner has preferred this Writ Petition.

(3.) HEARD both the sides.