GOPINATHAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) When C. M. P. 22393/1991 came up for orders, learned counsel appearing on either side wanted the Original Petition itself heard and disposed of accordingly. I heard them at length. I am disposing of the Original Petition.

(2.) Petitioner retired from service on 31-8-1989, while working as Municipal Commissioner in Mavelikkara Municipality. He had worked as Municipal Commissioner in Cherthala, Vadakara, Kunnamkulam, Angamali, Ponnani and Mavelikkara Municipalities. He filed necessary papers for getting the pensionary benefits on 26-7-1988, an year before his retirement. Second respondent, as per Ext. P1 dated 30-11-1988, sanctioned pensionary benefits subject to production of Last Pay Certificate and Non Liability Certificate at Sub Treasury, Vellayambalam, Thiruvananthapuram. In reply to petitioner's request for issue of Non Liability Certificate, second respondent stated that there are liabilities of Rs. 200/- and Rs. 500/- towards Travelling Allowance advances drawn by the petitioner from Kunnamkulam and Vadakara Municipalities respectively. Petitioner gave consent to deduct the said amount of Rs. 700/- from his Death cum Retirement Gratuity. On account of the delay in issuing Non Liability Certificate, petitioner requested the second respondent to let him know whether any surety bond is to be executed for the release of the amount. Thereupon, by Ext. P4 letter dated 8-2-1990, petitioner was called upon to produce a surety bond. In compliance with that direction, petitioner submitted surety bond dated 23-4-1990 with two sureties, one a permanent officer of the State Government; and the other an officer of a State Government Undertaking, Kerala State Industrial Products Trading Corporation. On receipt of the bond, second respondent informed the petitioner that the said bond is not proper and a fresh bond should be produced. Petitioner expressed his inability to produce a fresh bond. Continued representations for the issue of Non Liability Certificate did not evoke any response. Hence this Original Petition.

(3.) On behalf of the second respondent, a detailed statement has been filed. The contentions taken therein are to the following effect. Though as per Ext. P1 Gratuity has been sanctioned, it can be paid to the petitioner only after production of the Non Liability Certificate. On 14-1-1992, Non Liability Certificate has been issued. On the basis of the above certificate, petitioner can receive Death Cum Retirement Gratuity from the Treasury, less the amount shown in the certificate. Petitioner worked in various Municipalities. Second respondent can issue Non Liability Certificate only after receipt of those Non Liability Certificate from the Commissioners of the Municipalities. Commissioners of Kunnamkulam and Vadakara informed the liabilities outstanding against the petitioner as Rs. 200/- and Rs. 500/- respectively. Commissioner, Cherthala reported that there is no liability outstanding against the petitioner. But, Municipal Commissioners of Angamaly, Ponnani and Mavelikkara reported that audit of accounts was not over and hence the liability could not be assessed. In the absence of the Non Liability Certificate from those Municipalities, second respondent could not issue the Non Liability Certificate. Death cum Retirement Gratuity has been released after deducting 10% towards the liability that may be found due. Now petitioner can receive the Death cum Retirement Gratuity from the Treasury as per the certificate dated 14-1-1992.