The High Court disposed of an original petition challenging a liability of Rs.1,42,820/- regarding DCRG payment. Since the Government admitted the liability is not maintainable and other liabilities exist, the court held disbursal must follow the Kerala Administrative Tribunal's pending directions. No costs awarded.
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 MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 03RD DAY OF FEBRUARY 2020 / 14TH MAGHA, 1941
OP(KAT).No.238 OF 2014(Z)
AGAINST THE ORDER/JUDGMENT IN OA 1396/2013 DATED 18-07-2013 OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, EDUCATIONAL DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
3 THE DEPUTY DIRECTOR OF EDUCATION PALAKKAD-678009.
BY GOVERNMENT PLEADER
RESPONDENT/S:
M. BRAHMADATHAN,S/O.SANKARA NARAYANA NAMBOOTHIRI, RESIDING AT MEPPOYILATH NABAM, P.O.THEKKEVAVANNOOR, KOOTTANAD, PALAKKAD 679533, ASSISTANT EDUCATIONAL OFFICER (RETIRED), THRITHALA, PALAKKAD DISTRICT.
R1 BY ADV. SRI.D.SREEKUMAR
OTHER PRESENT:
SR.GP SRI.ANTONY MUKKATH
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 03.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(KAT) No.238/2014
2
JUDGMENT
Dated this the 03rd day of February, 2020 Vinod Chandran, J.
The challenge raised by the respondent before the Kerala Administrative Tribunal was with respect to a liability of Rs.1,42,820/-. The Tribunal found that the balance DCRG has to be paid after retaining 1,42,820/-. Subsequently, the Government itself found the said liability is not maintainable against the respondent. In such circumstance, the appeal is confined to the disbursal of the amounts which the learned
Government Pleader submits, is not possible since there are other liabilities as against the respondent.
2. The learned Government Pleader submits
that there was a liability of Rs.6,40,240/- as
O.P(KAT) No.238/2014
3
contemplated against the respondent. The learned Counsel for the respondent submits, even from that an amount of 4,00,000/- has already been dropped. It is admitted that there is a further liability
which is under challenge before the Kerala Administrative Tribunal in O.A EKM
(KAT)No.1074/2015. In such circumstance we need only observe that the disbursal would be in accordance with the directions of the Tribunal in the pending O.A.
The Original Petition is disposed of as above. No order as to costs.
Sd/-
K. VINOD CHANDRAN, JUDGE.
Sd/V.G. ARUN, JUDGE.
Jma/
O.P(KAT) No.238/2014
4
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER DATED 18.07.2013 IN O.A NO. 1396/13. EXHIBIT P1(a) TRUE COPY OF THE O.A NO. 1396/2013 FILED BY THE APPLICANT.
ANNEXURE A1 A TRUE COPY THE SAID PENSION PAYMENT ORDER NO. P.R 2101057468/P1/1/1512153501 DATED 28.3.12 ISSUED BY THE ACCOUNTANT OFFICER.
ANNEXURE A2 TRUE COPY OF THE REPRESENTATION DATED 2.7.2012 SUBMITTED BY THE APPLICANT BEFORE THE 3RD RESPONDENT.
ANNEXURE A2(a) COPY OF ENGLISH TRANSLATION.
ANNEXURE A3 A TRUE COPY OF THE ORDER G.O(RT) NO. 567/201`1/G.EDN. DATED 10.02.2011 ISSUED BY THE 1ST RESPONDENT.
ANNEXURE A4 A TRUE COPY OF THE ORDER NO. D.DIS.C/1245/2010 DATED 29.03.2011 OF THE ASSISTANT EDUCATIONAL OFFICER, THRITHALA.
ANNEXURE A5 TRUE COPY OF THE ORDER NO.C/5422/2011 DATED 7.8.2012.
ANNEXURE A5(a) COPY OF ENGLISH TRANSLATION. ANNEXURE A6 A TRUE COPY OF THE ORDER NO. B.5/27812/09 DATED 11.4.2012 ISSUED BY THE 3RD RESPONDENT.
O.P(KAT) No.238/2014
5
ANNEXURE A6(a) COPY OF ENGLISH TRANSLATION.
ANNEXURE A7 A TRUE COPY OF THE LETTER NO.12/24572/11 DATED 02.-2.2012 OF THE DEPUTY DIRECTOR OF EDUCATION.
ANNEXURE A8 TRUE COPY OF THE REPLY DATED 22.02.2012. ANNEXURE A8(a) COPY OF ENGLISH TRANSLATION. ANNEXURE A9 A TRUE COPY OF THE CIRCULAR NO. 34025/12/12/G.EDN. DATED 21.06.2012 ISSUE D BY THE 1ST RESPONDENT.
ANNEXURE A10 A TRUE COPY OF THE REPRESENTATION DATED 4.12.2012 SUBMITTED BY THE APPLICANT BEFORE THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. ANNEXURE A10(a) COPY OF ENGLISH TRANSLATION.
ANNEXURE A11 TRUE COPY OF THE REPLY DATED 02.07.2012. ANNEXURE A11(a) COPY OF ENGLISH TRANSLATION. ANNEXURE A12 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE APPLICANT BEFORE THE 1ST RESPONDENT.
| ANNEXURE A12 (a) | COPY OF ENGLISH TRANSLATION. |
|---|
ANNEXURE A13 TRUE COPY OF THE REPORT NO.C/0364/2013 DATED 08.05.2013 ISSUED BY THE RESP0NDENT.
ANNEXURE A13(a) COPY OF ENGLISH TRANSLATION. EXHIBIT P2 TRUE COPY OF THE LIABILITY CERTIFICATE DATED 29.07.2013.
3 issues framed by the court
Whether the balance DCRG is payable after retaining Rs.1,42,820/- and other liabilities.
Whether the government has a further liability against the respondent under a pending appeal.
Whether the original petition can be disposed of considering mutual admissions regarding liability.
THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, EDUCATIONAL DEPARTMENT
THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM
THE DEPUTY DIRECTOR OF EDUCATION PALAKKAD
M. BRAHMADATHAN
K. VINOD CHANDRAN
V.G. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
