IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 26358 of 2007(K)
1. VINCENT M.ARAKKAL, AGED 56 YEARS,
... Petitioner
Vs
1. THE CHIEF CONSERVATOR OF FORESTS(ADMN.),
... Respondent
2. THE ACCOUNTANT GENERAL (A & E),
3. THE SECRETARY TO GOVERNMENT,
For Petitioner :SRI.P.P.JNANASEKHARAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :20/09/2007
O R D E R
V.GIRI, J.
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W.P.(C).No.26358 of 2007 K
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Dated this the 20th day of September, 2007.
JUDGMENT
The petitioner is aggrieved by the non-disbursal of the
Death-cum-Retirement Gratuity, in spite of the fact that he retired
as a Range Officer on 31.5.2006.
2. Learned Government Pleader, on instructions,
submits that disciplinary proceedings are pending against the
petitioner and the same have not been finalized.
3. Pendency of the disciplinary proceedings by itself
cannot be a reason for non-disbursal of the Death-cum-Retirement
Gratuity. But the time frame, which is mentioned in Note 3 to Rule
3 Part III of the Kerala Service Rules, is three years from the date
of retirement, insofar as adjustment of any liability from the Death-
cum-Retirement Gratuity is concerned.
After hearing both sides, the writ petition is disposed
of directing the first respondent to take appropriate action to see
that the liability of the petitioner, if any, in relation to the period of
service, is finalised within a period of three months from the date of
receipt of a copy of this judgment. Subject to the quantification of
the liability, if any, in the manner indicated above, the Death-cum-
W.P.(C).No.26358 of 2007
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Retirement Gratuity will be disbursed to the petitioner, within a
period of one month, after such orders are passed by the first
respondent.
Sd/-
(V.GIRI)
JUDGE
sk/
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P.S. To Judge