S. SOORYADAS Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) THE petitioner had retired from service as a member of the teaching staff of the 4th respondent -S.N. College, Kollam, on 31.5.1999. Earlier he had held the charge in the post of the Principal of the said college for the period from 14.10.1995 to 24.1.1996 and from 1.4.1997 to 22.9.1997 in the said College. Among the sanctioned retiral benefits due to the petitioner, an amount of Rs. 80,000/ - was sanctioned by way of Death Cum Retirement Gratuity (DCRG) to the petitioner consequent on his retirement. Alleging that during the time the petitioner had held the charge of the post of the Principal, he had incurred a liability of Rs. 57,470/ -, the DCRG amount was withheld. Later the admitted balance amount due on account of DCRG coming to Rs. 22,530/ - (viz., Rs. 80,000/ - Rs. 57,470) was released to the petitioner on 31.1.2001 by the official respondents 2 and 3. Ultimately, the said balance amount of Rs. 57,470/ -, which was withheld from the petitioner's DCRG account, was finally disbursed to the petitioner only consequent on Ext. P -13 dated 8.6.2011. The main prayer of the petitioner is for grant of interest at the rate of 18% p.a. on account of the delayed payment of DCRG amount due to the petitioner.

(2.) THE circumstances, that led to the withholding of the above said amount of Rs. 57,470/ - from the DCRG amount of the petitioner, are as follows: - The Government and Department insist that the amounts collected from the students by the Private Aided Colleges against the Registration Fee is to be remitted to the personal deposit (PD) account to be maintained by the Principal of the College, which is to be appropriated to the Government Department. The 4th respondent is a Private College, which is aided by the Government of Kerala in terms of the Direct Payment System introduced in the State. The Registration Fee is primarily the sale proceeds of the application forms and prospectus issued to the applicants, who seek admission in the Colleges concerned. In the Government Colleges, the application forms, prospectus, memo cards, etc. are printed and supplied to the Principals of the respective Government Colleges concerned, by the Government Department concerned and the sale proceeds so collected from the applicants/students are to be appropriated to the Government account concerned. But in Private Aided Colleges, the printing of the application forms, prospectus, memo cards, interview cards, etc. is done only by the Management of the Private Aided College concerned and not by the Government or the Government Department concerned. In these circumstances, Private Colleges like the 4th respondent -S.N. College, Kollam, took the stand that there is no rationale or legitimacy in the Government department insisting that the Registration Fee collected by way of the sale proceeds of the application forms, prospectus, memo cards etc. sold to the applicants should be appropriated by the Government Department, as the entire cost of the printing and stationery involved in the printing and supply of application forms, prospectus etc. are borne exclusively by the Management of the College concerned and is not in any way borne by the Government. Therefore, it appears that the Managements like the 4th respondent -S.N. College, instructed the Principals of their Colleges to ensure that the sale proceeds obtained by way of such Registration Fee should be credited not in the P.D. account, but in the Manager's account. The S.N. College Management appears to have brought this aspect to the notice of the Government and no decision was taken by the Government to resolve this controversy as is discernible from the averments in Ext. P -4 issued by the 4th respondent -Manager addressed to the Government and the Directorate of Collegiate Education. It is in this background that the petitioner, while holding the charge of the post of Principal of the 4th respondent -S.N. College, Kollam, had remitted Registration Fee coming to about Rs. 57,470/ - to the Manager's account and not to the P.D. account. The official respondents 2 and 3 therefore construed that this amounts to violation of the standing instructions and that therefore the non -remittance of the above said amount of Rs. 57,470/ - to the P.D. account should be treated as the personal liability of the petitioner and therefore the said amount is to be appropriated from the DCRG amount due to the petitioner.

(3.) THE 2nd respondent -Director of Collegiate Education has filed a counter affidavit dated 4.8.2012 in this writ petition. The main defence put forward in the said counter affidavit is that the petitioner herein violated the standing instructions inasmuch as he did not remit the above said Registration Fee amount of Rs. 57,470/ - to the P.D. account to be appropriated by the Government Department and had instead remitted the said amount to the Manager's account. Further, it is submitted in the said counter affidavit that the 4th respondent -Manager did not comply with the direction of the Government in Ext. P -7 dated 29.8.2009 to remit the amount of Rs. 57,470/ - with interest to the P.D. account. It is accordingly contended that since the petitioner did not comply with the standing instructions regarding remittance of Registration Fee to the P.D. account, the said amount was rightly and lawfully treated as the liability to be recovered from the petitioner.