K.Mohandas vs The State Of Kerala Rep. By … on 23 June, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13947 of 2009(K)


1. K.MOHANDAS, 60 YEARS, S/O. M.NARAYANA
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA REP. BY SECRETARY,
                       ...       Respondent

2. THE DIRECTOR GENERAL OF POLICE,

3. THE DISTRICT SUPDT. OF POLICE, PALAKKAD.

                For Petitioner  :SRI.U.BALAGANGADHARAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :23/06/2009

 O R D E R
                           P.N.RAVINDRAN, J.
                      -------------------------------------
                       W.P.(C)No.13947 of 2009
                     --------------------------------------
                          Dated 23rd June, 2009

                                JUDGMENT

Heard Sri.U.Balagangadharan, the learned counsel

appearing for the petitioner and Smt.Anu Sivaraman, the learned

Government Pleader appearing for the respondents.

2. The petitioner is a pensioner. He retired from service on

30.9.2004 while working as Assistant Sub Inspector of Police at

Malampuzha. In this writ petition, the petitioner’s grievance is that

though the terminal benefits have been disbursed to him, the amounts

due under the Family Benefit Scheme have not so far been disbursed.

As directed by this Court, the third respondent has filed a statement

dated 16.6.2009 explaining the delay in payment of amounts payable

to the petitioner under the Family Benefit Scheme. Paragraphs 2 and 3

of the said statement read as follows:

“2. In this case, the petitioner entered into
service on 01.04.1968. While working in this
District, he was transferred to Vigilance Unit and
relieved from this District on 07.10.1979, and
received back from Vigilance and Anti Corruption
Bureau, to Palakkad District during 10/83. His
consolidated Family Benefit Scheme account had
already transferred to Vigilance Department. The
Family Benefit Scheme consolidated account in
respect of the petitioner up to 10/83 has been
forwarded to this office by Vigilance Department.
Further, he was transferred to CB CID during

WP(C).No.13947/2009 2

01.11.1986 till 01/95. Later, his Family Benefit
Scheme account up to 10/86 was sent to Additional
Director General of Police, Crimes,
Thiruvananthapuram. Again, he was received on
transfer from CBCID to Palakkad District and
reported during 02/1995. His Family Benefit
Scheme consolidated up to 01/1995 was received
from Additional Director General of Police, Crimes,
Thiruvananthapuram. Later, he was transferred to
CBCID unit and worked there from 01/1996 to
06/2002. His Family Benefit Scheme consolidated
account up to 12/1995 has been forwarded to the
Additional Director of Police, Crimes,
Thiruvananthapuram. Later, his consolidated
account of Family Benefit Scheme up to 06/2002
was received from the Additional Director General of
Police, Crimes, Thiruvananthapuram. Director
General of Police, Kerala, Thiruvananthapuram had
also reminded the Director, Vigilance and Anti
Corruption Bureau, Thiruvananthapuram on
03.06.2009 for furnishing the statement.

3. As per Government Circular No.30/90
Fin. Dated 04.05.1990, his month-war Family
Benefit Scheme deduction statement are to be
obtained from the concerned units for the
preparation of his Family Benefit Scheme statement
for forwarding the same to Government for final
settlement. His month-war deduction statement for
the period from 10/1979 to 02/1981 and 04/1983 to
10/1983 has not been received so far from the
Director, Vigilance and Anti Corruption Bureau,
Thiruvananthapuram, despite repeated reminders.
The month-war deduction statement will be
forwarded to Government for sanctioning his Family
Benefit Scheme final statement without further
delay, on receipt of the same from the Director,
Vigilance and Anti Corruption Bureau,
Thiruvananthapuram. The Writ Petition may
therefore be disposed of.”

WP(C).No.13947/2009 3

In my opinion, the respondents have given adequate explanation for

the delay in disbursement of the amount due to the petitioner under

the Family Benefit Scheme. The statement also discloses that the

respondents are taking steps to disburse the amounts due to the

petitioner under the Family Benefit Scheme.

In such circumstances, I dispose of this writ petition with a

direction to the Director of Vigilance and Anti Corruption Bureau to

forward the deduction statement for the period from 10/1979 to

02/1981 and for the period from 04/1983 to 10/1983 to the

Superintendent of Police, Palakkad, for onward transmission to the

Government within one month from the date on which the petitioner

produces a certified copy of this judgment before him. The

Superintendent of Police, Palakkad shall on receipt of the statement

from the Director of Vigilance and Anti Corruption Bureau forward the

same to the Government within two weeks thereafter, together with

the connected records. The Government shall within one month from

the date of receipt of the records from the Superintendent of Police,

Palakkad pass orders according sanction for payment of the amounts

due to the petitioner under the Family Benefit Scheme. Payment shall

WP(C).No.13947/2009 4

be made expeditiously thereafter and in any event within one month

from the date on which the Government accords the necessary

sanction.

P.N.RAVINDRAN
Judge

TKS