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2026 Supreme(Online)(Ker) 17267

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
E K PREETHA – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 41757 OF 2025



Advocates:
For the Appellants/Petitioners: U.BALAGANGADHARAN, R.PRADEEP KUMAR, NAMITHA GEORGE, STENEY K.A.
For the Respondents: PREMCHAND R. NAIR

Non-disbursement of retirement gratuity without justification violates legal entitlements.

Headnote:The petitioner, a retired Headmistress, sought relief for the non-payment of her Death-cum-Retirement Gratuity of Rs. 17,00,000/- despite due sanction from competent authorities. The Court found no justification for withholding the gratuity as the liability indicated by the respondents was already resolved. The Court ordered the release of the DCRG within two months. The respondents were allowed to recover any existing liabilities from responsible teachers.

Table of Content
1. request for dcrg payment due to lack of liability. (Para 1 , 2)
2. government's liability acknowledgment and justification for dcrg. (Para 4 , 5 , 6)
3. court mandated payment of dcrg within specified time. (Para 7)

JUDGMENT

Dated this the 10th day of March, 2026 The petitioner, who is a retired Headmistress of B.S.S. Higher Secondary School, Kollengode, is before this Court aggrieved by the non-disbursement of the Death-cum-

Retirement Gratuity (DCRG) of Rs.17,00,000/-.

2. The petitioner states that despite due sanction and clearance from all competent authorities and despite issuance of Non-Liability Certificate by the Samagra Shiksha Abhiyan, the DCRG has not been paid. The Deputy Director of Education, Palakkad has confirmed the dues of the petitioner. There has not been any objections from any quarters. However, the 7th respondent has not released the DCRG on the ground that the 6th respondent-Headmaster has not reported ‘No Liability’ to the Deputy Director of Education. 3. The petitioner states that the 6th respondent is wrongfully withholding the Non-Liability Certificate based on a communication issued by the 5th respondent-Text Book Officer on 15.10.2025, referring to an alleged accumulated liability of Rs.1,49,582/-. The petitioner states that the petitioner has not incurred any liability while she worked as Headmistress. Therefore, withholding of DCRG is highly illegal and unjustifiable.

4. The Government Pleader entered appearance and resisted the writ petition. The Government Pleader denied all the material allegations made by the petitioner. Referring to Ext.P4, the Government Pleader pointed out that huge liabilities are indicated in the communication issued by the Text Book Officer on 15.10.2025.

5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.

6. Ext.P4 is the communication dated 15.10.2025 issued by the Text Book Officer to the Secretary of the Society functioning in the School. Ext.P4 would indicate that there was no text book liability during the period 02.05.2018 to 31.03.2025. The liability for the period 2018-2019 was remitted and adjusted. There is no liability for the subsequent periods. If that be so, I find that there is no justification for further withholding of DCRG payable to the petitioner, who retired on superannuation on 31.03.2025.

7. In the circumstances of the case, the writ petition is disposed of directing the 7th respondent to release the entire amount of DCRG payable to the petitioner within a period of two months.

As pointed out by the Government Pleader, there is a liability of Rs.1,39,502/- towards text books liability. The respondents will be free to recover the said liability from the Teachers of the School, who are responsible.

Sd/-

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