IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 29576 of 2008(U) -------------------------- PETITIONER(S): --------------- MOHAMMED KASIM.A, BISMI COTTAGE, ALISSERY WARD, ALAPUZHA.P.O, PIN - 698 001. BY ADV. SRIT.R.MOHANAKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (A&E), KERALA, OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO: 29576 OF 2008 ----------------------------- Dated this 18th day of November, 2008 J U D G M E N T The petitioner retired from service as Deputy Registrar in the Co-operation Department on 30-4-2007. Aggrieved by the non payment of pensionary benefits including the Death cum Retirement Gratuity, he had earlier moved this Court in W.P.(C) No.1445 of 2008. The respondents resisted the writ petition contending inter alia that the Death cum Retirement Gratuity was not paid since the disciplinary proceedings initiated against the petitioner is pending. By Ext.P1 judgment delivered on 29-1-2008 this Court directed the respondents to finalise the proceedings within six months from the date of receipt of a copy of the judgment. There was a further direction that on finalisation of the disciplinary enquiry, the Non-Liability Certificate shall be issued within a period of one month thereafter and Death cum Retirement Gratuity disbursed without further delay. 2. The petitioner submits that the disciplinary action was not finalised within the aforesaid period of six months and that instead of finalising the disciplinary proceedings, the Additional Secretary to Government, Co-operation W.P.(C) NO: 29576 OF 2008 2 Department issued Ext.P3 show cause notice dated 26-5-2008 calling upon him to show cause why his pension should not be reduced by Rs.175/- per month, under Rule 59 (b) of Part III of the Kerala Service Rules. This Writ Petition is filed complaining that though the petitioner has submitted Ext.P4 reply dated 21-8-2008, final orders have not been passed in the matter and that on account of the delay in passing final orders, payment of Death cum Retirement Gratuity has been withheld. 3. When this writ petition came up for hearing today, the learned counsel appearing for the petitioner submitted that by G.O.(Rt) No.654/08/Co-op. dated 21-10-2008, the Government have reduced the petitioner's pension by Rs.150/- per mensem. He submitted that as the proceedings have now been finalised, payment of the Death cum Retirement Gratuity cannot any longer be delayed. 4. The learned Government Pleader appearing for the respondents submits that instructions have been received to the effect that Death cum Retirement Gratuity sanctioned to the petitioner will be disbursed expeditiously and in any event within one month from today. W.P.(C) NO: 29576 OF 2008 3 In such circumstances, I dispose of the writ petition with a direction to the respondents to disburse the Death cum Retirement Gratuity sanctioned to the petitioner within one month from today. It will be open to the petitioner to challenge G.O.(Rt.) No.654/08/Co-op. dated 21-10-2008 reducing his pension in other appropriate proceedings. If the Death cum Retirement Gratuity is not disbursed within one month from today, the petitioner will be entitled to interest at the rate of 7.5% per annum from this day onwards till the date of payment. It will be open to the Government to recover the interest thus paid, from the officers responsible for not complying with the directions issued herein in time. P.N.RAVINDRAN, JUDGE bps