IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 26171 of 2006(N)
1. K. RAGHAVAN, S/O. KOLADY,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE COMMISSIONER,
3. THE DISTRICT COLLECTOR, KANNUR DISTRICT.
For Petitioner :SRI.KALEESWARAM RAJ
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :07/08/2007
O R D E R
Antony Dominic, J.
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W.P(C).No.26171 of 2006
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Dated this the 7th day of August, 2007.
JUDGMENT
Petitioner, who had entered service on 3.5.1975 and retired
from service on 31.5.2006, is seeking a direction to the
respondents to pay the amount due to him towards P.F.,
commuted value of pension and the admitted part of D.C.R.G.
after deducting the amount stated as the alleged liability. A
criminal case is pending against him as C.C.No.17 of 2002 before
the Enquiry Commission and Special Judge, Kozhikode and the
case is yet to be finalised. In the meantime, petitioner is being
paid provisional pension and pursuant to a direction of this Court,
he has been paid P.F. as well.
2. In so far as his entitlement for the benefit of D.C.R.G.,
full pension and commutation value of pension are concerned, it
is governed by the provisions contained in Rule 3(a) Part III of
Kerala Service Rules and the proviso to Rule 3 Appendix X Part A
of Pension (Commutation) Rules. In terms of those provisions,
WP(C) 26171/06 -: 2 :-
so long as the judicial proceedings are pending against him,
petitioner cannot claim the benefit of full pension, commutation
value of pension or D.C.R.G.
In the result, no further reliefs can be granted to the
petitioner. Accordingly, this Writ Petition is only to be dismissed
and I do so.
Antony Dominic,
Judge.
ess 7/8