ALEXANDER Vs. A E O KOLLAM

JUDGEMENT

(1.) The petitioner retired on 14-11-1988 as Assistant Educational Officer in the Education Department of the Government of Kerala. To this date he has not received his death cum retirement gratuity. This petition is to enforce payment of death cum retirement gratuity.

(2.) On 23-9-1992 the Accountant General directed the recovery of Rs.7,901/-, as excess salary paid to the petitioner. Five years after the petitioner's retirement, by Order No.OA.II(4) 172/88 dated 13-9-1993 (Ext. P4) and Order No.OA.II(4)4178/89 dated 14-9-1993 (Ext. P5) of the Deputy Director of Education (Respondent No.2) sums of Rs.2,434.50 and Rs.6,076/- respectively were proposed as the petitioner's liability, under R.3 of Part III of the Kerala Service Rules.

(3.) A part of the liability arises out of the approval by the Petitioner of the appointment of certain teachers and salaries paid to them. The petitioner questions, not without reason, the validity of the proposed liability on this account. The teachers are in service. If salaries have been erroneously paid, to them, the amounts could be recovered from them. However, it is not necessary to express any opinion on the validity of the objections.