IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31720 of 2010(L)
1. V.K.PURUSHOTHAMAN, AGED 56 YEARS,
... Petitioner
Vs
1. THE FOREST RANGE OFFICER,
... Respondent
2. THE DIVISIONAL FOREST OFFICER,
3. THE CONSERVATOR OF FOREST,
4. THE ACCOUNTANT GENERAL (A AND E),
For Petitioner :SRI.T.A.UNNIKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :18/11/2010
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No. 31720 of 2010
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Dated this the 18th day of November, 2010
J U D G M E N T
The petitioner retired as a Forester from the Forest
Department of the Government of Kerala on 31.03.2010.
The petitioner submits that, on a trivial charge, disciplinary
proceedings have been initiated against the petitioner by
Ext.P1. But the petitioner’s retirement benefits are not
being disbursed to the petitioner. The petitioner therefore
seeks the following reliefs:
“i. issue a writ of mandamus or such other writ, order or
direction, directing the respondents to release the
retiral/pensionary benefits due to the petitioner
forthwith.”
2. The learned Government Pleader on instructions
submits that, disciplinary proceedings are pending against
the petitioner and therefore under Rule 3A of Part III of
K.S.R., retirement benefits cannot be disbursed to the
petitioner. The counsel for the petitioner points out that,
Rule 3A does not authorise withholding of provisional
W.P.(C)No. 31720 of 2010
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pension atleast. He further submits that, after his
retirement more than seven months have already elapsed
and it is unjust to prolong disciplinary proceedings and
withhold retirement benefits due to the petitioner.
3. Having heard both sides, I dispose of this writ
petition with the following directions:
The petitioner shall be paid provisional pension as
contemplated under Rule 3A of Part III of K.S.R.
within one month from today. The disciplinary
proceedings initiated against the petitioner shall
be completed as expeditiously as possible, at any
rate within four months from the date of receipt of
a copy of this judgment. If the disciplinary
proceedings are not completed within the said
period, the entire retirement benefits due to the
petitioner shall be disbursed to the petitioner
within one month thereafter, after obtaining a
bond as contemplated under Rule 116.
S. SIRI JAGAN
JUDGE
shg/