IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.M.JOSEPH TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 WP(C).No. 5795 of 2008(M) ------------------------- PETITIONER: ------------ C.G.APPUKUTTAN NAIR, AGED 59 YEARS, S/O.GOVINDAN NAIR, VADAKKETHIL HOUSE, ITHITHANAM P.O., CHANGANASSERY - 686 535. (CONDUCTOR RETIRED ON 29.2.2004, MANANTHAVADY DEPOT). BY ADV. SRI.K.P.JUSTINE RESPONDENTS: ------------- 1. THE KERALA STATE ROAD TRANSPORT CORPORATION, REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, FORT P.O. THIRUVANANTHAPURAM. - 23. 2. THE ASSISTANT PERSONAL OFFICER(PENSION) KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, FORT P.O., THIRUVANANTHAPURAM - 23. 3. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, CHANGANASSERY. 4. THE ASSISTANT TRANSPORT OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, MANANTHAVADY. BY ADV. SRI.K.PRABHAKARAN, SC, K.S.R.T.C. FOR R1-4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF CHARGE SHEET P2 COPY OF REPRESENTATION SUBMITTED BEFORE R1 DT 28.12.04. P3 COPY OF MEMO DT 19.2.04 ISSUED BY R3. P4 COPY OF APPLICATION DT 24.1.07 P5 COPY OF GOVERNMENT ORDER DT 27.3.02. /TRUE COPY/ P.A.TO JUDGE K.M. JOSEPH, J. ```````````````````````````````````````````````````` W.P.(C) No. 5795 OF 2008 M ```````````````````````````````````````````````````` Dated this the 8th day of July, 2008 J U D G M E N T Petitioner has approached this Court seeking disbursal of monthly pension with arrears, with interest, staff welfare fund amount, DCRG and Commuted Value of Pension. According to the petitioner, he retired on 29.2.2004 as Conductor from the respondent Corporation. There is a vigilance case against the petitioner. The petitioner filed Ext.P2 representation to close the disciplinary file against him. According to the petitioner, even after four years, they did not close the file and monthly pension and retirement benefits are not sanctioned. A statement is filed by the respondents indicating as follows. “ It is respectfully submitted that the petitioner was unauthorisedly absenting from duty with effect from 27.5.2003 and he was due to retire from service on 29.2.2004. The petitioner had not turned up to submit the WPC.5795/08 : 2 : pension papers nor made any request for granting his pension and has not produced pension papers. A letter was sent to the petitioner on 14.3.2008 directing him to produce the following documents, (1) Pension Book, (2) Joint Photograph, (3) Family details, (4) Permanent home address and (5) Formal request along with pass book of SWF; immediately in the office of district transport officer, Chenganachery. It was received by him on 15.3.2008. Further regularization of the absence from 07/93 is pending. It is also respectfully submitted that two vigilance files VLA1. 1264/04 and VLC.35244/03 are still pending against the petitioner and in view of the writ petition, the executive Director (V) has given direction to the Vigilance Section to dispose of these cases immediately. Hence the matter regarding the finalization of his pension is pending.” 2. Having heard the learned counsel for the petitioner and the learned standing counsel, the writ petition is disposed of as follows. There will be a direction to the 1st respondent that WPC.5795/08 : 3 : the vigilance cases pending against the petitioner shall be brought to conclusion within two months from the date of receipt of a copy of this judgment. There will be a further direction to the 1st respondent to disburse the amount due to the petitioner by way of DCRG in accordance with law and also the amount due as staff welfare fund, within a period of one month from the date of conclusion of the vigilance cases against him. The direction to disburse the DCRG due to the petitioner need be complied with only if there is no liability to be discharged from out of the DCRG. As far as further amounts are concerned, they will await the outcome of the vigilance enquiry and the amounts due to the petitioner will be paid thereafter in accordance with law without delay. Sd/- (K.M.JOSEPH, JUDGE) aks