IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 11TH JULY 2008 / 20TH ASHADHA 1930 WP(C).No. 19706 of 2006(U) --------------------------------------- PETITIONER: ------------------ THOMAS PHILIP, S/O.LATE JOHN PHILIP, (ASST. COMMISSIONER OF COMMERCIAL TAXES- RETIRED), LOVE DALE, WEST OF RICE RESEARCH STATION, KAYAMKULAM, ALAPPUZHA DISTRICT. BY ADV. SRI.V.P.SUKUMAR SRI.BEJOY CHERIYAN RESPONDENTS: ----------------------- 1. THE COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, TAXES (D) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.MOHAMMED ANZAR FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.19706 of 2006 ----------------------------------------- Dated this the 11th day of July, 2008 JUDGMENT Petitioner retired from service on 30-4-2003. He is aggrieved since his pension and pensionary benefits have not been finalised. The reason stated in the counter affidavit is that disciplinary action is pending against him. Since it is more than five years now there will be a direction to the disciplinary authority to finalise the proceedings within a period of four months from the date of production of a copy of the judgment by the petitioner. If it is not finalised within the said period the petitioner shall be granted the pension and pensionary benefits subject to the decision in the matter pertaining to disciplinary action. In the matter of interest for the delayed disbursement of pension petitioner may file an appropriate representation before the Government in which case appropriate action in accordance with law will be taken in the matter adverting to the contentions taken by the petitioner within another four months. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.19706 of 2006 ----------------------------------- JUDGMENT 11th July, 2008