MOLLY ABRAHAM Vs. STATE OF KERALA

JUDGEMENT

(1.) There are two writ petitions that I am considering jointly in this judgment. The first among them, namely W.P.(C) No.20983/2008, has been filed by Smt.Molly Abraham, who retired as a Librarian from services of the Bishop Abraham Memorial College, Thuruthicad, which is an aided private college.

(2.) The allegation made by the college against Smt.Molly Abraham is that when she retired from service, certain number of books were missing from the Library and, therefore, that she is liable, either to replace the books or to make good the loss in pecuniary terms, before the 'No Liability Certificate' could have been issued against her.

(3.) This impelled Smt.Molly Abraham to remit the amount, namely Rs. 28,525/-, which was assessed against her, as per Ext.P9 order of the Principal and thereafter, she was issued with a No Liability Certificate enabling her to get all other benefits. However, after the No Liability Certificate was issued, Smt.Molly Abraham wrote a letter to the Principal of the College seeking the benefit of the Government Order No.131614/D3/2002/H.Edn. dated 21.6.2002, wherein the Government has directed that in such cases the liability be shared proportionately among all the concerned staff and not merely the librarian. The petitioner requested that she be imposed with only the proportionate liability and that the rest be ordered to be shared among others.