IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 9760 of 2009(L)
1. M.MASOOD KUNJU,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE LAND REVENUE COMMISSIONER,
3. THE DISTRICT COLLECTOR,
4. THE TAHSILDAR,
5. JOINT SECRETARY,
For Petitioner :SRI.K.P.RAJEEVAN
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :26/03/2009
O R D E R
T.R.RAMACHANDRAN NAIR,J.
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W.P ( C) No.9760 of 2009
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Dated this the 26th March,2009
J U D G M E N T
The petitioner, while working as Deputy Tahasildar,
retired from service on 31.10.2003. But still the DCRG
has not been disbursed to him.
2. Before retirement, he was suspended from
service on the allegation of issuance of a solvency
certificate. He was issued with memo of charges and later
was reinstated in service. Exhibit-P1 is the copy of the
charge memo to which the petitioner has submitted
Exhibit-P2
3. Some other officers including Village Officers
and Tahsildars were also suspended from service and they
have also been subjected to disciplinary action.
Ultimately the disciplinary action against the similarly
placed persons were dropped and it is pointed out that the
concerned Tahasildar has already received the entire
DCRG,. This is evidenced by Exhibit-P3 dated
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15.11.2005 . The only role of the petitioner was to forward
the report of the Village Officers for issuance of solvency
certificates to the Tahasildar. It is submitted that no loss
has been caused to the Government in the matter.
3. Repeated representations have been submitted
by the petitioner seeking to disburse the DCRG and other
benefits . Earlier he had approached this Court by filing
WPC No. 12149 of 2007 and pursuant to the directions
issued in Exhibit-P5 judgment dated 18.12.2007, the 5th
respondent issued an order directing to release the
pensionary benefits to the petitioner including the DCRG.
But only the DCRG at a lower rate was paid to the
petitioner and other pensionary benefits were not paid to
him. In these circumstances, he has filed a detailed
representation as per Exhibit-P6 before the 1st respondent
requesting to sanction and regularize the suspension
period as duty and disburse to him the amount on account
of terminal benefits, leave surrender, arrears of increment,
pay, pension, DCRG and Commuted Value of Pension etc.
4. Petitioner seeks for a direction to the
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Government to take a decision on Exhibit-P6 within a time
frame.
5. In the result, the writ petition is disposed of
directing the 1st respondent to take a decision on Exhibit
P6. after hearing the petitioner, within a period of four
months from the date of receipt of a copy of this judgment.
(T.R.RAMACHANDRAN NAIR,
JUDGE)
ma
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