IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4300 of 2009(J)
1. U.K. VELAYUDHAN, S/O. KURUMBAN,
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
2. THE SECRETARY, GENERAL
3. THE ACCOUTANT GENERAL (A & E),
For Petitioner :SRI.P.SANTHALINGAM (SR.)
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :09/12/2009
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) Nos. 4300 and 16661 of 2009
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Dated this the 10th day of December, 2009
JUDGMENT
Petitioner was an Addl. Secretary to Government of Kerala.
2. On attaining the age of superannuation, he retired from service on
31-12-2004. Ext.P1 in W.P.(C) No.4300 of 2009 shows that the petitioner
submitted his pension papers on 1-1-2007. Despite this and the
representations that were made, benefits were not disbursed and therefore,
he filed W.P.(C) No.4300 of 2009. In the said writ petition this Court passed
an oder dated 17-6-2009 directing payment of provisional pension. During
its pendency, by Ext.P6 D.C.R.G. has been sanctioned, but has not been
paid.
3. Again during the pendency of the writ petition, petitioner was
issued notice dated 26-2-2009 proposing to reduce his pension by Rs.100/-
in terms of rule 59(b) of Part III of the K.S.R. On receipt of the notice, he
filed his explanation and thereafter approached this Court by filing W.P.(C)
W.P.(C) No. 4300/09 & con. case 2
No. 16661 of 2009, challenging Ext.P5 notice and obtained an interim order
restraining the respondents from proceeding with the matter.
4. Thus, as at present, in spite of the fact that the petitioner retired
retired from service almost five years ago, he has not been paid retiral
benefits other than provisional pension. At this stage the only proceeding
that is against him is Ext.P5 referred to above and nothing else. Therefore,
so long as the proceedings are not finalized, the petitioner is entitled to be
paid pension. Therefore, at this stage the petitioner is entitled to be paid
pension, D.C.R.G. and other benefits, which shall be paid without delay.
5. However, the learned Government Pleader points out that Non
Liability Certificates are yet to be received and if that be so, benefits can be
released only on production of non liability certificates from the respective
offices. Therefore, these writ petitions are disposed of with the following
directions:-
Within four weeks of receipt of non liability certificates from
the respective offices, the respondents will ensure that the
petitioner is paid full pension and D.C.R.G. and other benefits
due to him. However, payment of pension will be subject to
the right of the respondents to finalize the proceedings,
pursuant to Ext.P5 show cause notice referred to above and
W.P.(C) No. 4300/09 & con. case 3
the contentions of the petitioner as against such proceedings
are left open.
ANTONY DOMINIC,
JUDGE.
mn.