IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 WP(C).No. 19705 of 2010(K) -------------------------- PETITIONER(S): ----------------------- 1. V.A.ABDUL KHADER (RETIRED SPECIAL TAHSILDAR) LAND ACQUISITION (GENERAL) THRISSUR) RESIDING AT VALIYAVEETTIL HOUSE, PATTEPPADAM, KOTTANELLUR PO, IRINJALAKUDA THRISSUR DISTRICT PIN 680 672. 2. M.M.DAMODARAN (RETIRED DEPUTY COLLECTOR (RR) THRISSUR RESIDING AT MULLAKKAPRAMBIL HOUSE ALAGAPPANAGAR PO,THRISSUR DISTRICT PIN 680 302. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM,PIN 695 001. 2. THE LAND REVENUE COMMISSIONER THIRUVANANANTHAPURAM PIN 695 033. 3. THE ACCOUNTANT GENERAL (A&E) KERALA ,M.G.ROAD, P.B.NO.5607 THIRUVANANTHAPURAM PIN 695 039 GOVT.PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 19705 OF 2010 (K) ===================== Dated this the 9th day of July, 2010 J U D G M E N T First petitioner retired as a Special Tahsildar (Land Acquisition), Trichur and the second petitioner retired as Deputy Collector (RR),Trichur. They retired from service on 30/9/03 and 31/7/08 respectively. Their grievance is that their terminal benefits have not been disbursed so far and that they are getting only provisional pension. 2. According to the petitioners, it was on account of the pendency of a vigilance case, in which they were also involved, that the terminal benefits were not settled. Referring to Ext.P1 judgment rendered by this Court, petitioners submit that proceedings initiated before the Vigilance Court were quashed by this Court by the said judgment and that this judgment has become final. Therefore, according to them, there is no justification to withhold the terminal benefits due to them any longer. 3. Learned Government on instructions from the 2nd respondent submits that taking note of the developments WPC No. 19705/10 :2 : culminating in Ext.P1 judgment, 2nd respondent has by letter dated 5/1/2010 recommended to the 1st respondent to take further steps for releasing the terminal benefits that are due to the petitioners. 4. Evidently therefore, the only reason for the delay in the settlement of terminal benefits and grant of regular pension to the petitioners was the pendency of the case before the Enquiry Commissioner and Special Judge, Trichur. That proceedings have been quashed by this Court in Ext.P1 judgment. If that be so, there is no reason why the terminal benefits due to the petitioners shall not be settled, as recommended by the 2nd respondent vide his letter dated 5/1/10. Having regard to the above, I dispose of this writ petition directing the respondents to pass final orders in the matter and disburse the terminal benefits due to the petitioners. This shall be done as expeditiously as possible, at any rate within one month of production of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp