High Court Kerala High Court

U.K. Velayudhan vs State Of Kerala on 9 December, 2009

Kerala High Court
U.K. Velayudhan vs State Of Kerala on 9 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 4300 of 2009(J)


1. U.K. VELAYUDHAN, S/O. KURUMBAN,
                      ...  Petitioner

                        Vs



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

2. THE SECRETARY, GENERAL

3. THE ACCOUTANT GENERAL (A & E),

                For Petitioner  :SRI.P.SANTHALINGAM (SR.)

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :09/12/2009

 O R D E R
                         ANTONY DOMINIC, J.
                =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                  W.P.(C) Nos. 4300 and 16661 of 2009
                =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
                Dated this the 10th day of December, 2009

                               JUDGMENT

Petitioner was an Addl. Secretary to Government of Kerala.

2. On attaining the age of superannuation, he retired from service on

31-12-2004. Ext.P1 in W.P.(C) No.4300 of 2009 shows that the petitioner

submitted his pension papers on 1-1-2007. Despite this and the

representations that were made, benefits were not disbursed and therefore,

he filed W.P.(C) No.4300 of 2009. In the said writ petition this Court passed

an oder dated 17-6-2009 directing payment of provisional pension. During

its pendency, by Ext.P6 D.C.R.G. has been sanctioned, but has not been

paid.

3. Again during the pendency of the writ petition, petitioner was

issued notice dated 26-2-2009 proposing to reduce his pension by Rs.100/-

in terms of rule 59(b) of Part III of the K.S.R. On receipt of the notice, he

filed his explanation and thereafter approached this Court by filing W.P.(C)

W.P.(C) No. 4300/09 & con. case 2

No. 16661 of 2009, challenging Ext.P5 notice and obtained an interim order

restraining the respondents from proceeding with the matter.

4. Thus, as at present, in spite of the fact that the petitioner retired

retired from service almost five years ago, he has not been paid retiral

benefits other than provisional pension. At this stage the only proceeding

that is against him is Ext.P5 referred to above and nothing else. Therefore,

so long as the proceedings are not finalized, the petitioner is entitled to be

paid pension. Therefore, at this stage the petitioner is entitled to be paid

pension, D.C.R.G. and other benefits, which shall be paid without delay.

5. However, the learned Government Pleader points out that Non

Liability Certificates are yet to be received and if that be so, benefits can be

released only on production of non liability certificates from the respective

offices. Therefore, these writ petitions are disposed of with the following

directions:-

Within four weeks of receipt of non liability certificates from

the respective offices, the respondents will ensure that the

petitioner is paid full pension and D.C.R.G. and other benefits

due to him. However, payment of pension will be subject to

the right of the respondents to finalize the proceedings,

pursuant to Ext.P5 show cause notice referred to above and

W.P.(C) No. 4300/09 & con. case 3

the contentions of the petitioner as against such proceedings

are left open.

ANTONY DOMINIC,
JUDGE.

mn.