T.A. ABDUL JALEEL Vs. STATE

JUDGEMENT

(1.) The petitioner took charge as District Medical Officer (Health) Kanhangad on 26-12-1991 and went on leave preparatory to retirement for 50 days. He rejoined duty on 20-3-1992 and retired on 31-3-1992. He was therefore on duty only for 11 days in the month of March, 1992. The Accountant General sanctioned him an amount of Rs. 28,075/- as gratuity to be disbursed to him on production of N.L.C. which the respondents 2 and 3 should have issued within two months of his retirement. But then he did not get the amount. He made a representation, copy of which is Ext. P1, on 22-7-1992. He sent reminders on 18-11-1992 and 15-11-1993. Later he got a copy of the letter from the third respondent addressed to the second respondent that internal audit is due from 1-3-1992 onwards and by reason of that the N.L.C. could not be issued to him. He also requested the second respondent to expedite the audit. But then nothing was done. Later he sent a letter to the second respondent, copy of which is Ext. P3, on receipt of which the second respondent sent a letter to the third respondent, copy of which is Ext. P4, requesting to forward the N.L.C. This was indeed an 'eye wash' because it was after receiving the communication dt. 4-3-1993, the third respondent sent Ext. P2 requesting to arrange the audit. It is "submitted that all his attempts to get the gratuity have failed. The conduct of the respondents is illegal. Rs has therefore sought a writ of mandamus commanding the respondents to issue the N.L.C. and disburse gratuity with 18% interest p. a. from 1-6-1992 till payment.

(2.) In the statement filed on behalf of the second respondent the essential facts have been admitted. For the purpose of drawing D.C.R.G. Liability / non liability certificate for the period from 1-4-1989 to 31-3-1992 is required. During the above period, the petitioner had served in four different places. The District Medical Officers, Ernakulam and Kasargode were requested to forward liability/non - liability certificate as early as on 4-5-1991. They were also remitted atleast on five occasions. On 15-7-1993 the District Medical Officer, (Health) Ernakulam sent the N.L.C, but then the District Officer, Kasargode has not so far issued the same stating that the audit of family welfare accounts and of multi purpose fund has not been concluded. The certificate will be issued to him as soon as information is received from the above office.

(3.) Heard.