RAMANADAN Vs. DY DIRECTOR OF EDUCATION

JUDGEMENT

(1.) When C.M.P. No. 10918/91 came up for orders, I heard counsel appearing on either side in detail. I am disposing of the original petition.

(2.) Petitioner retired from service on 31-10-89. On account of the delay in disbursement of the retirement benefits, he approached this court by filing O.P. No. 7824/90. This court directed, the first respondent to dispose of petitioner's representation and issue certificate of non liability within a period of one month from the date of receipt of a copy of the judgment. This court also directed the amounts to carry interest at 12% per annum, if the delay in the issue of non liability certificate was found to be attributable to the actions of the first respondent. Purporting to be in compliance with the directions given by this court in Ext. P1 judgment, D.C.R.G. and pensionary benefits were paid to the petitioner on 5-12-90. Since he was not paid any interest on the said amount as ordered in Ext. P1, he filed a representation before Government claiming interest. That representation has been rejected by Ext. P3 order dated 29-8-91. That order is under challenge.

(3.) Detailed statement dated 13-2-92 has been filed on behalf of the second respondent, the Secretary to Government in the department of Finance. The contentions taken therein are to the following effect:- An amount of Rs. 195/- was fixed as the petitioner's liability for the period of his service in Government P.V. High School, Perumkulam and Government High School, West Kollam. The non liability certificate in favour of the petitioner was forwarded to the Sub Treasury, Kollam on 5-12-90. Finalisation of the audit of the accounts of Government High School, West Kollam was delayed due to the fact that the Upper Primary School which was functioning separately under a separate Headmaster was amalgamated to the High School Section and the then Headmaster of the Upper Primary School did not handover the accounts and vouchers of the Upper Primary School to the petitioner. The delay was not attributable to the department and hence he is not entitled to interest at 12%. The finalisation of audit of accounts of High School, West Kollam was delayed due to tug of war between the petitioner and Sri. M. Joseph the then Upper Primary School Headmaster. Therefore the department is not duty bound to pay interest to the petitioner. There is no culpable delay and the petitioner is not eligible for any interest.