Disposed

Saraswathy R., v. State of Kerala

Kerala HC20 Jun 2023WP(C)/9068/2022

Case brief

AI extract

What is this about?

The Court disposed of two writ petitions filed by retired school teachers seeking issuance of Non-Liability Certificate, DCRG, and other pension benefits. It directed the Deputy Director of Education to finalize liability and disburse undisputed amounts within one month.

What did the court decide?

Deputy Director of Education directed to finalize liability and disburse undisputed DCRG within one month.

Saraswathy R., Vs State of Kerala — Education and Admissions | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

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TUESDAY, THE 20^TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945

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WP(C) NO. 9068 OF 2022

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PETITIONER:

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SARASWATHY R.,

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AGED 56 YEARS W/O. GURUVAYURAPPAN, RETD. HAS (SS), K.K.M.H.S.S., VANDITHAVALAM, RESIDING AT AJITH NIVAS, BEHIND MUNICIPAL LIBRARY, CHITTUR (P.O.), PALAKKAD - 678 101. BY ADV U.BALAGANGADHARAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM - 695 014.

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3 THE DEPUTY DIRECTOR OF EDUCATION (D.D.E), CIVIL STATION, PALAKKAD - 678 001.

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4 DISTRICT EDUCATIONAL OFFICER , (D.E.O), CIVIL STATION, PALAKKAD - 678 001.

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5 THE MANAGER, K.K.M.H.S.S., VANDITHAVALAM, PALAKKAD - 678 101.

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6 HEADMASTER, K.K.M.H.S.S., VANDITHAVALAM, PALAKKAD - 678 101.

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7 A. SASIKUMAR, HEADMASTER, K.K.M.H.S.S., VANDITHAVALAM, PALAKKAD - 678 101.

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8 THE ACCOUNTANT GENERAL (A & E) KERALA, THIRUVANANTHAPURAM 695 001.

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WP(C) Nos. 9068 & 2082 OF 2022

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BY ADVS. V.A.MUHAMMED M.SAJJAD

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SMT.NISHA BOSE, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.06.2023, ALONG WITH WP(C).2082/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos. 9068 & 2082 OF 2022

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 20^TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945 WP(C) NO. 2082 OF 2022

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PETITIONER:

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SREENIVASAN R. AGED 57 YEARS S/O.RAMAN, RETD. L.G.HINDI, K.K.M.H.SCHOOL, VANDITHAVALAM, RESIDING AT SWARAJ BHAVAN, KUNNUKAD, KUTHANUR (P.O), PALAKKAD - 678 721. BY ADV U.BALAGANGADHARAN

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RESPONDENTS:

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1 A. SASIKUMAR HEADMASTER, K.K.M.H.SCHOOL, VANDITHAVALAM, PALAKKAD - 678 534.

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2 STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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3 THE DIRECTOR OF GENERAL EDUCATION (FORMER DIRECTOR OF PUBLIC INSTRUCTIONS), DPI OFFICE, JAGATHY, THIRUVANANTHAPURAM - 695 014.

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4 THE DEPUTY DIRECTOR OF EDUCATION (D.D.E.)

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WP(C) Nos. 9068 & 2082 OF 2022

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CIVIL STATION, PALAKKAD - 678 001.

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5 THE MANAGER K.K.M.H.SCHOOL, VANDITHAVALAM, PALAKKAD - 678 534. 6 HEADMASTER K.K.M.H.SCHOOL, VANDITHAVALAM, PALAKKAD - 678 534. 7 THE ACCOUNTANT GENERAL (A&E) KERALA, THIRUVANANTHAPURAM - 695 001. BY ADVS. M.SAJJAD V.A.MUHAMMED SMT.NISHA BOSE, SENIOR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

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ADMISSION ON 20.06.2023, ALONG WITH WP(C).9068/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos. 9068 & 2082 OF 2022

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P.V.KUNHIKRISHNAN, J.

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-----------------------------W.P.(C)Nos. 9068 and 2082 of 2022

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---------------------------------------------Dated this the 20^th day of June, 2023

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JUDGMENT

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These writ petitions are filed by the retired teachers of K.K.M.H.S, Vandithavalam, Palakkad district. The grievance of the petitioners is that, even though the petitioner in W.P.(C)No.2082/2022 was retired on 31.5.2021 and the petitioner in W.P. (C)No.9068/2022 was retired on 30.06.2021, the DCRG is not disbursed to them. Hence these writ petitions are filed.

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W.P.(C)No.9068/2022 is filed with the

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following prayers:

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“(1) Issue Writ in the nature of mandamus commanding the respondents 6 and 7 to forward

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WP(C) Nos. 9068 & 2082 OF 2022

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LC/NLC to the 2 nd respondent for its onwards transmission to concerned sub treasury to enable the petitioner to draw, pension, DCRG and commuted value of pension;

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(2) Issue Writ in the nature of mandamus commanding the 2 nd respondent to initiate appropriate proceedings against the 7 th respondent on the question of bogus admission and withhold his pension and other benefits in the light of settled position of law and relieve the petitioner from the alleged liability, if any, that may be determined;

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(3) Declare that the petitioner is entitled to be disbursed with pension, DCRG and CVP and the liability certificate in respect of the petitioner is to be made available to the concerned treasury by the 2 nd respondent forthwith; and

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(4) Such other reliefs that the Hon'ble Court deem fit and proper in the facts and circumstances of the case. ”[SIC]

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W.P.(C)No.2082/2022 is filed with the

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following prayers:

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“(1) Issue Writ in the nature of

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WP(C) Nos. 9068 & 2082 OF 2022

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mandamus commanding the 4 th respondent to obtain NLC/LC in respect of the petitioner from the first respondent and forward to the Sub Treasury, Coyalmannam to enable the petitioner to draw his entitled DCRG;

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(2) Issue Writ in the nature of mandamus commanding the 4 th respondent to pay interest to the petitioner at PF rate on the withheld DCRG amount from the date of retirement to the date of actual payment and recover the amount interest from the first respondent;

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(3) Issue Writ in the nature of mandamus commanding the 4 th respondent to withhold pay and allowances of the first respondent till the NLC/LC is disbursed to the petitioner

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(4) Issue Writ in the nature of mandamus commanding the 4 th respondent to cause appropriate proceedings initiated against 1 st respondent for withholding NLC/LC of the petitioner illegally and”[SIC]

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(5) Declare that the petitioner is entitled to be disbursed with DCRG with interest and the amount of interest is liable to be recovered from the first respondent; and

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(6) Such other reliefs that the Hon'ble

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WP(C) Nos. 9068 & 2082 OF 2022

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Court deem fit and proper in the facts and circumstances of the case. ”[SIC]

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4. Today when these writ petitions came up

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for consideration, the counsel appearing for the Headmaster of the School submitted that, Ext.R1(b) Non-Liability certificate produced in W.P. (C)No.2082/2022 is forwarded to the Educational authorities. If that be the case, there can be a direction to the Educational authorities to finalise the liability, if any and disburse the admitted DCRG forthwith.

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Therefore, these writ petitions are disposed of in the following manner:

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i. The Deputy Director of Education, Palakkad is directed to finalise the liability, if any, as far as the petitioners in these writ petitions are concerned and pass appropriate

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WP(C) Nos. 9068 & 2082 OF 2022

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orders, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment.

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ii. The undisputed DCRG amount shall be disbursed to the petitioner by the Deputy Director of Education, as expeditiously as possible, at any rate, within a period of one month from the date on which the liability, if any, is fixed as directed above.

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Sd/-

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P.V.KUNHIKRISHNAN JUDGE

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WP(C) Nos. 9068 & 2082 OF 2022

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF PENSION PAYMENT ORDER WITH ADMISSIBILITY REPORT ISSUED BY ACCOUNTANT GENERAL DATED 19/7/2021. EXHIBIT P2 A TRUE COPY OF LETTER OF THE DEPUTY DIRECTOR OF EDUCATION DATED 6/11/2021 ADDRESSED TO THE SUB TREASURY OFFICER, KUZHALMANNAM.

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RESPONDENT EXHIBITS

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EXHIBIT R1(A) TRUE COPY OF THE ORDER NO.SC/21/2020/K.K.D DATED 03-092021 OF THE DIRECTOR. EXHIBIT R1(B) TRUE COPY OF THE LIABILITY/NON LIABILITY CERTIFICATE OF THE PETITIONER ISSUED BY THE HEADMASTER DATED 23-03-2022. EXHIBIT R1(C) TRUE COPY OF THE NOTICE SHOWING THE SIGNATURE OF THE TEACHERS AND STAFF INCLUDING THE PETITIONER.

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WP(C) Nos. 9068 & 2082 OF 2022

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APPENDIX OF WP(C) 9068/2022

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PETITIONER EXHIBITS

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EXHIBIT P1 A TRUE COPY OF THE PENSION PAYMENT ORDER (P.P.O), ALONG WITH THE ADMISSIBILITY REPORT DATED 02.08.2021. EXHIBIT P2 A TRUE COPY OF THE GRATUITY PAYMENT ORDER DATED 02.08.2021. EXHIBIT P3 A TRUE COPY OF THE COMMUTATION PAYMENT ORDER DATED 02.08.2021.

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RESPONDENT EXHIBITS : NIL

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//TRUE COPY// PA TO JUDGE

Saraswathy R., v. State of Kerala

Case brief

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Saraswathy R., v. State of Kerala

Case brief

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