IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 8231 of 2003(E)
1. T.G.DAVID,
... Petitioner
Vs
1. KERALA STATE ELECTRICITY BOARD,
... Respondent
2. KERALA STATE ELECTRICITY BOARD,
For Petitioner :SRI.GEORGE POONTHOTTAM
For Respondent :SRI.N.D.PREMACHANDRAN, SC, KSEB
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :13/06/2007
O R D E R
THOTTATHIL B.RADHAKRISHNAN, J.
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O.P.No.8231 OF 2003
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Dated this the 13th day of June, 2007
JUDGMENT
On 11.6.2003, this Court recorded on C.M.P.No.14331/03
that the learned standing counsel for the respondents submitted
that all service benefits other than D.C.R.G. have been
sanctioned and D.C.R.G. could not be released because of
pendency of a vigilance case. All santioned terminal benefits due
to the petitioner were directed to be released within a period of
one month from the dae of production of a copy of that order.
Under such circumstances, the only question which survives is
the release of D.C.R.G.
2. In terms of Government Order dated 27.3.2002,
Government have directed to disburse all retiral benefits in cases
where departmental proceedings were pending even after
retirement, unless it is disposed of within the time frame fixed
under the limits prescribed by the Rules. Admittedly, the
petitioner retired on 31.8.2000 and this writ petition is filed on
OP.8231/03
Page numbers
11.3.2003, complaining that D.C.R.G. has not been released. In
terms of the provisions of Part III K.S.R., there is no reason for
the Board to withhold the D.C.R.G. Under such circumstances,
this writ petition is allowed directing that if any portion of the
retiral benefits, including D.C.R.G., is left unpaid, that shall be
released to the petitioner with interest at the rate of 6% per
annum from 11.3.2003 till the date of payment. However, it is
clarified that if principal amount has already been released, the
direction as to payment of interest will not bind the respondents.
It is further directed that all such amounts shall be paid within a
period of two months from the date of receipt of a copy of this
judgment.
The writ petiiton is disposed of with the above directions.
THOTTATHIL B.RADHAKRISHNAN
Judge
kkb.
OP.8231/03
Page numbers
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THOTTATHIL B. RADHAKRISHNAN, J
O.P.NO.8231 OF 2003
JUDGMENT
13TH JUNE, 2007.
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