Petitioner, retired from deputation in Beverages Corporation, approached court for Non Liability Certificate. Respondents withheld it citing outstanding dues. Court held petitioner's liability was settled in earlier judgment and ordered issuance of certificate.
Directed the 2nd respondent to issue Non Liability Certificate to Respondents 5 and 6 within three weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
TUESDAY, THE 3RD DAY OF APRIL 2018 / 13TH CHAITHRA, 1940
WP(C).No. 4114 of 2018
PETITIONER(S)
M.YOHANNAN, AGED 58 YEARS, S/O.Y.MATHAI, DEW DALE, KUNDARA EAST P.O., KOLLAM - 691 501.
BY ADVS.SRI.SHABU SREEDHARAN SRI.P.R.VIBHU SMT.NIDHI RAVINDRAN SRI.D.THILAKAN SMT.RESHMA ABDUL RASHEED
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPT. OF EXCISE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. THE MANAGING DIRECTOR, KERALA STATE BEVERAGES (M&M) CORPORATION LTD., BEVCO TOWER, VIKAS BHAVAN P.O., PALAYAM, THIRUVANANTHAPURAM - 695 033.
3. THE GENERAL MANAGER, KERALA STATE BEVERAGES (M&M) CORPORATION LTD., BEVCO TOWER, VIKAS BHAVAN P.O., PALAYAM, THIRUVANANTHAPURAM - 695 033.
4. THE MANAGER, KERALA STATE BEVERAGES (M&M) CORPORATION LTD., BEVCO TOWER, VIKAS BHAVAN P.O., PALAYAM, THIRUVANANTHAPURAM-695 033.
5. INSPECTOR GENERAL OF REGISTRATION, DEPT. OF REGISTRATION, IG OFFICE, VANCHIYUR, THIRUVANANTHAPURAM - 695 035.
6. THE DISTRICT REGISTRAR GENERAL, DEPT. OF REGISTRATION, PATHANAMTHITTA DISTRICT, PATHANAMTHITTA - 689 645.
..2/-
..2..
WP(C).No. 4114 of 2018
7. SENIOR ACCOUNTS OFFICER, OFFICE OF THE PRL ACCOUNTANT GENERAL (A&E), THIRUVANANTHAPURAM - 695 001.
R1,R5 TO R7 BY SR.GOVERNMENT PLEADER SRI.BIJOY CHANDRAN R2 TO R4 BY ADV. SRI.NAVEEN.T., S.C
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-04-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Msd.
04.04.2018
WP(C).No. 4114 of 2018 (L)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT-P1: |
THE TRUE COPY OF THE PROCEEDINGS WITH NO.KSBC/1A/SHOP NO.238/2013-14 OF THE 2ND RESPONDENT DATED 18.1.2014. |
|---|---|
| EXHIBIT-P2: |
THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.17638/2014 DATED 10.11.2016. |
| EXHIBIT-P3: |
THE TRUE COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT TO THE 5TH RESPONDENT DATED 2.7.2016. |
| EXHIBIT-P4: |
THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 6TH RESPONDENT DATED 2.8.2017. |
| EXHIBIT-P5: |
THE TRUE COPY OF THE ORDER WITH NO.P-01/2101668682/3/P/17/15/70375216 DATED 26.9.2017 ISSUED BY THE 7TH RESPONDENT. |
| EXHIBIT-P6: |
THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 8.11.2017 WITHOUT THE DOCUMENTS PRODUCED THEREIN. |
| EXHIBIT-P7: |
THE TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN CMAP NO.1512/2017 IN WA NO.2596/2017 DATED 10.1.2018. |
| EXHIBIT-P8: |
THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WA NO.2596/2017 DATED 10.1.2018. |
RESPONDENT(S)' EXHIBITS :
NIL
//TRUE COPY//
P.S.TO JUDGE
Msd. 04.04.2018
P.V.ASHA J.
-------------------------------------
W.P.(C).No.4114 of 2018
------------------------------------- Dated this the 3rd day of April, 2018
JUDGMENT
The petitioner who worked in the Beverages
Corporation on deputation from the Registration Department for the period from 13.07.2001 to 25.07.2002, retired from service on 30.05.2015. He is aggrieved by the refusal on the part of the Beverages Corporation for the issuance of Non Liability Certificate.
2
W.P.(C).No.4114 of 2018
make payment of only 25% of the amount ordered in Ext.P1 order since there were other Shop Assistants as well as helpers in the shop at the relevant time. Accordingly, this Court found that a sum of Rs.36,755/-, which was already remitted by the petitioner was the only liability which could be fixed against him. The liability of the petitioner found in Ext.P1 order for a sum of Rs.1,47,011/- stood modified accordingly. Even though, the Beverages Corporation took up the mater in W.A. No.2596/2017, it was dismissed as per Ext.P8 judgment on 10.01.2018. Even thereafter, the respondents are not issuing the Non Liability Certificate in respect of petitioner on account of which he is denied his retirement benefits from his parent department.
W.P.(C).No.4114 of 2018
Corporation. But they cannot dispute the judgments Exts.P2 and P8. When the Division Bench has already dismissed the Writ Appeal, the respondents cannot claim any more amount from the petitioner. From Ext.P2 judgment it is clear that petitioner has already remitted the 25% of the amount, covered by Ext.P1. Therefore, there is no justification in the actin of the respondents in withholding the Non Liability Certificate in respect of the petitioner.
Therefore, this writ petition is disposed of directing the 2nd respondent to issue Non Liability Certificate in respect of petitioner to the respondents 5 and 6 within a period of 'three weeks' from the date of receipt of a copy of this judgment.
Sd/-
P.V.ASHA, JUDGE.
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2 issues framed by the court
Whether the respondents are justified in withholding the Non Liability Certificate despite the judgment ordering payment modification.
Whether the petitioner is entitled to the Non Liability Certificate to claim retirement benefits from his parent department.
M.YOHANNAN
STATE OF KERALA
KERALA STATE BEVERAGES (M&M) CORPORATION LTD.
INSPECTOR GENERAL OF REGISTRATION
DISTRICT REGISTRAR GENERAL
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
