Allowed

K.K.Raju v. Mahatma Gandhi University

Kerala HC5 Mar 2013WP(C)/401/2013

Case brief

AI extract

What is this about?

Petitioner, a former employee, sought issuance of a Last Pay Certificate from his erstwhile university employer to draw salary at current post. University resisted due to pending audit objections on provisional funds handled by petitioner during tenure. Court held audit of liabilities cannot delay certificate.

What did the court decide?

Directing the University to issue the Last Pay Certificate within two weeks of receiving a copy of this judgment.

K.K.Raju Vs Mahatma Gandhi University — Service and Employment | Kerala HC (2013)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

¶4

TUESDAY, THE 5TH DAY OF MARCH 2013/14TH PHALGUNA 1934

¶5

WP(C).No. 401 of 2013 (A)

¶6

PETITIONER:

¶7

K.K.RAJU, AGED 54 YEARS ASSOCIATE PROFESSOR, DEPARTMENT OF COMMERCE NMSM GOVERNMENT COLLEGE, KALPETTA.

¶8

BY ADV. SRI.P.C.SASIDHARAN

¶9

RESPONDENTS:

¶10

MAHATMA GANDHI UNIVERSITY, ATHIRAMPUZHA, KOTTAYAM, REPRESENTED BY ITS REGISTRAR-686562.

¶11

STATE OF KERALA,

¶12

REPRESENTED BY ITS SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695 001.

¶13

THE ACCOUNTANT GENERAL (A&E), OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM-695 039.

¶14

THE DISTRICT TREASURY OFFICER, WAYANAD-673 121.

¶15

R2 TO R4 BY GOVERNMENT PLEADER SRI.T.R.RAJESH R1 BY ADV. SRI.VARUGHESE M.EASO, SC, M.G. UNIVERSITY

¶16

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-03-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

WP(C).No. 401 of 2013 (A) APPENDIX

¶18

PETITIONER'S EXHIBITS

¶19

EXHIBIT P1. TRUE COPY OF THE MEMO ISSUED TO THE PETITIONER DATED 28.10.2009.

¶20

EXHIBIT P2. TRUE COPY OF THE RELIEVING ORDER ISSUED IN FAVOUR OF THE PETITIONER DATED 29.10.2009.

¶21

EXHIBIT P3. TRUE COPY OF THE ORDER ISSUED BY THE COLLEGIATE EDUCATION DEPARTMENT DATED 09.04.2012.

¶22

EXHIBIT P4. TRUE COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT UNIVERSITY DATED 31.05.2012.

¶23

EXHIBIT P5. TRUE COPY OF THE PAY SLIP ISSUED BY THE ACCOUNTANT GENERAL.

¶24

EXHIBIT P6. TRUE COPY OF THE OBJECTION SLIP.

¶25

RESPONDENTS' EXHIBITS : NIL

/TRUE COPY/

P.A.TO JUDGE

A.M.SHAFFIQUE, J.

W.P(C) No.401 OF 2013

¶30

Dated this the 5^th day of February, 2013

¶31

JUDGMENT

¶32

This case was dictated and pronounced in the open Court on 26.2.2013. Later, the learned counsel appearing for the University requested for time for arguing the matter on the basis that a statement has been filed on 27.2.2013. Therefore, the following judgment is passed, taking into consideration the statement as well.

¶33

The petitioner, while holding the post of Selection Grade Lecturer in the Collegiate Education Department was given appointment as Director of Students Service in the first respondent University. Subsequently, the petitioner repatriated to the parent Department i.e, the Collegiate Education Department and he has already rejoined the said Department.

¶34

The complaint of the petitioner is that the first respondent-University is not providing the Last Pay Certificate alleging that some liabilities are to be settled. No doubt, if there is any liability, the University is entitled to fix the liability and call upon the petitioner to remit the same. But the fact remains that

¶35

W.P(C) No.401 OF 2013 2

¶36

on account of non issuance of the Last Pay Certificate, the petitioner is unable to receive the salary from the present Department. He is the self drawing officer.

¶37

The University had filed a statement inter alia contending

¶38

that the Last Pay Certificate could be issued only after the liabilities of the petitioner is settled. It is further stated that as per order dated 18.7.2011 an amount of Rs.12,50,000/- was given as provisional payment towards the conduct of M.G University Youth festival, 2011. It is further submitted that the Government auditor has objected to the payment and reimbursement for want of information regarding the sponsorship details and the reply to the audit objection has already been furnished. Therefore, according to the University, unless the audit objection is completed, the Last Pay Certificate cannot be issued.

¶39

It might be true that the petitioner is liable to account for certain sum of money and the University may require to complete the auditing. But that does not mean that the Last Pay Certificate could not be issued by the University. The requirement of Last Pay Certificate is to enable the petitioner to draw salary for each

¶40

W.P(C) No.401 OF 2013 3

¶41

month. That cannot be denied to an employee merely for the reason that an auditing is being done in respect of certain payments received by the petitioner while working in the University. In that view of the matter, the contention urged by the University cannot be sustained.

¶42

In the result, the writ petition is allowed and the first respondent, University is directed to issue the Last Pay Certificate of the petitioner to enable him to draw the salary. This may be done within a period of two weeks from the date of receipt of a copy of this judgment.

¶43

A.M.SHAFFIQUE, JUDGE.

¶44

cms

K.K.Raju v. Mahatma Gandhi University

Case brief

What is this about?

What did the court decide?

K.K.Raju v. Mahatma Gandhi University

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Deepika Non-Journalist Staff Union Vs Industrial Tribunal, Palakkad

H.Salim Vs the Assistant Labour Officer

K.C.Unnikrishnan Vs State of Kerala

Thresiamma Joseph Vs the Thodupuzha Block Vanitha Society Ltd.

Joseph Rajan F Vs State of Kerala

Cincy Bibi Vs State of Kerala