High Court Kerala High Court

N.Muraleedharan Pillai vs The Secretary To Government on 24 November, 2008

Kerala High Court
N.Muraleedharan Pillai vs The Secretary To Government on 24 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16713 of 2008(M)


1. N.MURALEEDHARAN PILLAI, S/O.NARAYANAN
                      ...  Petitioner

                        Vs



1. THE SECRETARY TO GOVERNMENT,
                       ...       Respondent

2. THE COMMISSIONER OF CIVIL SUPPLIES,

3. THE REGIONAL MANAGER, OFFICE OF THE

4. THE MANAGING DIRECTOR, KERALA STATE

                For Petitioner  :SRI.C.K.PAVITHRAN

                For Respondent  :SRI.R.LAKSHMI NARAYAN

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

 Dated :24/11/2008

 O R D E R
                         P.N.RAVINDRAN, J.
        ======================================
                    W.P.(C)No.16713 of 2008
        ======================================
          Dated this the 24th day of November 2008

                            JUDGMENT

Heard Sri.C.K.Pavithran, the learned counsel appearing for the

petitioner and Sri.R.Lakshmi Narayan, the learned standing

counsel appearing for the Kerala State Civil Supplies Corporation

Limited.

2. The petitioner retired from service on 30.4.2007 while he

was working as District Supply Officer, Kottayam. He had earlier

served on deputation in the Kerala State Civil Supplies

Corporation Limited. By Ext.P3 order dated 20.4.2007, the

Commissioner of Civil Supplies directed the petitioner to refund

to the Kerala State Civil Supplies Corporation Limited the sum of

Rs.49,181/= being the loss caused by him to the said

Corporation. On appeal the Government reduced the liability to

Rs.9,836/=. In this writ petition the petitioner challenges Exts.P3

and P4 and prays for a direction to the respondents to disburse to

him the terminal benefits. The petitioner submits that in view of

Ext.P4 and the liability fixed thereunder, his terminal benefits

have not been released. When the writ petition came up for

hearing today, Sri.C.K.Pavithran, the learned counsel appearing for

the petitioner submitted that the petitioner is withdrawing his

challenge to Ext.P4 and that withholding the sum of Rs.9836/-

from his pensionary benefits, respondents 1 and 2 may be

W.P.(C)No.16713/2008 2

directed to disburse the pensionary benefits that he is entitled to.

3. The petitioner retired from service on 30.4.2007. This writ

petition was filed on 4.6.2008. Till date, respondents 1 and 2

have not brought to my notice that besides the sum of Rs.9,836/-,

which the petitioner is bound to pay to the Kerala State Civil

Supplies Corporation Limited, any other amount is due from him

either to the State Government or to the Kerala State Civil

Supplies Corporation Limited. In these circumstances,

respondents 1 and 2 are directed to take steps to disburse the

terminal benefits which the petitioner is entitled to, after

withholding the sum of Rs.9,836/- referred to in Ext.P4. Payment

of pensionary benefits shall be made within three months from

the date of receipt of a copy of this judgment. Respondents 1 and

2 shall take steps to ensure that the sum of Rs.9836/- recovered

from the terminal benefits payable to the petitioner is paid over

to the Kerala State Civil Supplies Corporation Limited.

P.N.RAVINDRAN, JUDGE

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