IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 WP(C).No. 21122 of 2006(M) ---------------------------------- PETITIONER(S): ---------------------- N.V. NARAYANAN, AGRICULTURE OFFICER (RETD.), "LALITHA NIVAS", KOLATHUVAYAL, P.O. ANCHAMPEEDIKA, KANNUR. BY ADV. MR.K.D.BABU RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF AGRICULTURE, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001. 2. THE DIRECTOR OF AGRICULTURE, DIRECTORATE OF AGRICULTURE, SVC,TRIVANDRUM-695001. 3. THE SECRETARY, DEPARTMENT OF VIGILANCE (B),GOVERNMENT SECRETARIAT TRIVANDRUM-695 001. R1 TO R3 BY GOVERNMENT PLEADERMR.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.21122/2006 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE GO(RT) NO.225/2001/VIG. DTD. 18.8.01 ISSUED BY THE VIGILANCE (B) DEPARTMENT TO THE PETITIONER. P2:- COPY OF THE GO(RT) 331/2003/VIG. DTD. 11.12.03 ISSUED BY THE VIGILANCE (B) DEPARTMENT TO THE PETITIONER. P3:- COPY OF THE GO(RT) BNO.63/06/VIG. DTD. 22.3.06 ISSUED BY THE VIGILANCE(B) DEPARTMENT TO THE PETITIONER. P4:- COPY OF THE ORDER NO.A.126/06 DTD. 27.4.06 ISSUED BY THE ASSISTANT DIRECTOR OF AGRICULTURE, VATAKARA TO THE PETITIONER. P4(a):- COPY OF THE REPORT OF TRANSFER OF CHARGE DTD. 28.4.06 SIGNED BY THE RELIEVED OFFICER AND RELIEVING OFFICER. P5:- COPY OF THE ORDER NO.SGI(2)/9333/06 DTD. 8.5.06 ISSUED BY THE DIRECTOR OF AGRICULTURE, TRIVANDRUM TO THE PETITIONER. P6:- COPY OF THE PROCEEDINGS DTD. 28.4.06 OF THE DIRECTOR OF AGRICULTURE, TRIVANDRUM TO THE PETITIONER. P7:- COPY OF THE REPRESENTATION DTD. 2.6.06 SUBMITTED BY THE PETITIONER BEFORE THE DIRECTOR OF AGRICULTURE , TRIVANDRUM. P8:- COPY OF THE GOVERNMENT ORDER, G.O.(P) 185/02 DTD. 27.3.02 ISSUED BY GOVT. OF KERALA. P9:- COPY OF THE PROCEEDING S OF THE DIRECTOR OF AGRICULTURE DTD. 4.8.07. P10:- COPY OF THE REPRESENTATION DTD. 15.2.08 SUBMITTED BY IST RESPONDENT TO THE 2ND RESPONDENT. P11:- COPY OF THE LETTER DTD. 6.2.08 ISSUED BY THE ACCOUNTANT GENERAL. P12:- COPY OF THE LEAVE APPLICATION DTD. 13.9.07 SUBMITTED BY THE PETITIONER. P13:- COPY OF THE REPRESENTATION DTD. 18.5.09 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS. RESPONDENT'S EXHIBITS R(a):- PROCEEDINGS NO.SVC(5) 24886/04, DTD. 13.8.08. R(b):- LR. NMO.E(1) 3187/06, DTD. 23.5.06. R(c):- REPORT OF TRANSFER OF CHARGE. TRUE COPY P.A. TO JUDGE tss ANTONY DOMINIC, J. ================ W.P.(C) NO. 21122 OF 2006 (M) ===================== Dated this the 10th day of December, 2009 J U D G M E N T Petitioner retired on 28/4/2006 as an Agricultural Officer. Apparently on account of the pendency of proceedings alleging misappropriation of about Rs.1.5 crores, he has not been sanctioned terminal surrender of Earned Leave, full pension, DCRG and commuted value of pension. 2. Evidently, more than three years have elapsed since the retirement of the petitioner. If that be so, there cannot be any fixation of liability to recover from the terminal benefits, and the respondent will have to take recourse to proceedings in accordance with law for realising the loss, if any, ultimately found to be due from the petitioner. Therefore, the writ petition is disposed of directing that the respondents shall disburse the entire benefits that are due to the petitioner regularizing the suspension period. It is directed that the benefits due to the petitioner shall be disbursed, as expeditiously as possible, at any rate within 6 weeks of production of a copy of this judgment. However, this shall be WPC 21122/06 :2 : without prejudice to the right of the respondents to recover any amount that is found to be due from the petitioner, in accordance with law. ANTONY DOMINIC, JUDGE Rp