IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29576 of 2008(U)
1. MOHAMMED KASIM.A,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE ACCOUNTANT GENERAL (A&E), KERALA,
3. THE REGISTRAR OF CO-OPERATIVE
For Petitioner :SRIT.R.MOHANAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :18/11/2008
O R D E R
P.N.RAVINDRAN, J
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W.P.(C) NO: 29576 OF 2008
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Dated this 18th day of November, 2008
J U D G M E N T
The petitioner retired from service as Deputy Registrar
in the Co-operation Department on 30-4-2007. Aggrieved by
the non payment of pensionary benefits including the Death
cum Retirement Gratuity, he had earlier moved this Court in
W.P.(C) No.1445 of 2008. The respondents resisted the writ
petition contending inter alia that the Death cum Retirement
Gratuity was not paid since the disciplinary proceedings
initiated against the petitioner is pending. By Ext.P1 judgment
delivered on 29-1-2008 this Court directed the respondents to
finalise the proceedings within six months from the date of
receipt of a copy of the judgment. There was a further
direction that on finalisation of the disciplinary enquiry, the
Non-Liability Certificate shall be issued within a period of one
month thereafter and Death cum Retirement Gratuity
disbursed without further delay.
2. The petitioner submits that the disciplinary action
was not finalised within the aforesaid period of six months
and that instead of finalising the disciplinary proceedings, the
Additional Secretary to Government, Co-operation
W.P.(C) NO: 29576 OF 2008
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Department issued Ext.P3 show cause notice dated
26-5-2008 calling upon him to show cause why his pension
should not be reduced by Rs.175/- per month, under Rule 59
(b) of Part III of the Kerala Service Rules. This Writ Petition
is filed complaining that though the petitioner has submitted
Ext.P4 reply dated 21-8-2008, final orders have not been
passed in the matter and that on account of the delay in
passing final orders, payment of Death cum Retirement
Gratuity has been withheld.
3. When this writ petition came up for hearing today,
the learned counsel appearing for the petitioner submitted
that by G.O.(Rt) No.654/08/Co-op. dated 21-10-2008, the
Government have reduced the petitioner’s pension by
Rs.150/- per mensem. He submitted that as the proceedings
have now been finalised, payment of the Death cum
Retirement Gratuity cannot any longer be delayed.
4. The learned Government Pleader appearing for the
respondents submits that instructions have been received to
the effect that Death cum Retirement Gratuity sanctioned to
the petitioner will be disbursed expeditiously and in any
event within one month from today.
W.P.(C) NO: 29576 OF 2008
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In such circumstances, I dispose of the writ petition
with a direction to the respondents to disburse the Death
cum Retirement Gratuity sanctioned to the petitioner within
one month from today. It will be open to the petitioner to
challenge G.O.(Rt.) No.654/08/Co-op. dated 21-10-2008
reducing his pension in other appropriate proceedings. If the
Death cum Retirement Gratuity is not disbursed within one
month from today, the petitioner will be entitled to interest
at the rate of 7.5% per annum from this day onwards till the
date of payment. It will be open to the Government to
recover the interest thus paid, from the officers responsible
for not complying with the directions issued herein in time.
P.N.RAVINDRAN,
JUDGE
bps