IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 13998 of 2006(N)
1. B.M.ABDUL HAMEED,
... Petitioner
Vs
1. TAHASILDAR,
... Respondent
2. DISTRICT COLLECTOR,
3. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.S.MUHAMMED HANEEFF
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice V.GIRI
Dated :25/06/2008
O R D E R
V.GIRI, J
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W.P.(C).13998/2006
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Dated this the 25th day of June, 2008
JUDGMENT
Petitioner, who retired from service on 30.11.2003 as
Special Village Officer, is aggrieved by the delay in the
disbursal of retirement benefits due to him. Since the
petitioner retired on 30.11.2003, DCRG cannot be
withheld.
2. Learned Government Pleader, on instructions,
submits that there is a judicial proceedings pending
against the petitioner by way of vigilance case. Hence the
delay in the disbursal of retirement benefits. Apparently,
vigilance case has ended in conviction, but the same is
pending in appeal before this Court due to long pendency
of the issue. I think it is appropriate that DCRG be
disbursed to the petitioner on his executing a bond in
terms of ruling 1 of Rule 116 of Part-III of K.S.R.
3. In the result, writ petition is disposed of directing the
third respondent to take steps to see that the DCRG due to
W.P.(C).13998/2006
2
the petitioner is disbursed within a period of six weeks
from the date of receipt of a copy of this judgment. This
shall be on condition that the petitioner executes a bond
in terms of ruling 1 of Rule 116 of Part-III of K.S.R.
Disbursal of further benefits shall await the disposal of
Criminal Appeal before this Court. Disbursal of DCRG
shall be without prejudice to the right of the Government
to take appropriate action in terms of Rule 2 of Part-III of
K.S.R. Obviously, provisional pension being paid to the
petitioner shall be without prejudice to the right of the
Government to take appropriate action, in accordance
with law.
V.GIRI,
Judge
mrcs