IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 6TH JUNE 2008 / 16TH JYAISHTA 1930 WP(C).No. 10120 of 2008(D) -------------------------- PETITIONER: ------------ SIVADASAN.A., ASSISTANT EXECUTIVE ENGINEER (RETD.) "VAISAGH", KUNNUPARAMBIL, PALLANCHATHANNUR P.O., PALAKKAD DISTRICT. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENTS: ------------- 1. THE CHIEF ENGINEER, IRRIGATION & ADMINISTRATION, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, DISTRICT PANCHAYAT, PALAKKAD. 3. THE SUB TREASURY OFFICER, COYALMANNAM (KUZHALMANNAM), PALAKKAD DISTRICT. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- WP(C).NO. 10120 of 2008 --------------------------------- Dated this the 6th day of June, 2008 JUDGMENT The petitioner retired as Assistant Executive Engineer from the Local Self Government Department on 31.5.2007. He is aggrieved by the delay in the disbursement of gratuity. The Accountant General has sanctioned the same in favour of the petitioner as per Ext.P7 gratuity payment order. By Ext.P5, the Chief Engineer also issued sanction under Rule 117-A of Part-III KSR for payment of gratuity among other retirement benefits, subject to production of LPC and absolute NLC from the concerned office. As evidenced by Ext.P8 the petitioner has again approached the first respondent requesting that absolute NLC may be sent to the concerned treasury. No action has been taken so far. Hence this writ petition. 2. I heard learned counsel for the petitioner and the learned Government Pleader . Learned Government Pleader was requested to get instructions as to whether a Vigilance case has been registered against the petitioner. It seems that as on date WPC. 10120/2008 2 no such case has been registered. 3. In the result, the writ petition is disposed of in the following terms:- The first respondent shall issue NLC/LC or cause the same to be issued in favour of the petitioner, as requested in Ext.P8 within a period of one month from the date of receipt of a copy of this judgment. If there is a proposal to fix any liability on the petitioner, he shall be heard in that regard. The petitioner shall be required to execute a bond under Ruling 5 of Rule 116 of Part III KSR as already undertaken by him in Ext.P8 as a condition for issuance of NLC/LC as directed above. V. GIRI, JUDGE. pmn/ WPC. 10120/2008 3