IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 16261 of 2008(J) -------------------------- PETITIONER(S): --------------- N.M.AJEEB, AGED 56,S/O. LATE MOIDEEN AFSAL MANDIR, NETTOOR P.O.,NEAR I.N.T.U.C JUNCTION ERNAKULAM DISTRICT, (RETIRED CIRCLE INSPECTOR OF EXCISE) BY ADV. SRI.K.I.ABDUL RASHEED RESPONDENT(S): --------------- 1. THE STATE OF KERALA REP. BY THE SECRETARY TO EXCISE DEPARTMENT GOVT. SECRETARIATE, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER COMMISSIONERATE OF EXCISE THIRUVANANTHAPURAM. 3. THE ACCOUNTANT GENERAL OF KERALA THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO: 16261 of 2008 ----------------------------- Dated this 1st day of December, 2008 JUDGMENT Heard Sri.K.I.Abdul Rasheed, the learned counsel appearing for the petitioner and Sri.P.Nandakumar, the learned Government Pleader appearing for the respondents. 2. The petitioner retired from service on 30-6-2007 while he was serving as Preventive Officer in the Excise Department. His grievance is that the terminal benefits have not so far been disbursed though they have been sanctioned as per Ext.P1. 3. The pleadings disclose that the petitioner was held liable to pay an amount of Rs.50,000/- towards the compensation payable to victims of the Vypeen liquor tragedy and that after giving credit to the sum of Rs.12,000/- which was recovered from his salary in instalments, he is liable to pay the sum of Rs.38,000/- to the Government. The pleadings also disclose that in addition to the said amount of Rs.50,000/- the petitioner was held liable to pay an additional sum of Rs.35,000/-. From the materials on record it is seen that the petitioner is thus liable to pay to the Government the sum of Rs.73,000/- and that it is for this reason the pensionary benefits were not disbursed to him. The petitioner submits that leaving open his right to challenge the fixation of liability, the respondents may be directed to disburse the pensionary benefits sanctioned to him after recovering the sum of Rs.73,000/- from the Death cum Retirement Gratuity sanctioned to him as per Ext.P1. wpc:16261 of 2008 2 4. I have considered the submissions made at the Bar by the learned counsel appearing on either side. Since the petitioner has expressed willingness to provisionally forgo the sum of Rs.73,000/- he is liable to pay to the Government, without prejudice to his right to question the orders passed by the Government holding him liable to pay a further sum of Rs.35,000/- towards the compensation paid by the State Government to the victims of the Vypeen liquor tragedy, the respondents cannot any longer withhold payment of the terminal benefits. In these circumstances, I dispose of the writ petition with a direction to the respondents to disburse to the petitioner the pensionary benefits sanctioned to him as per Ext.P1 after provisionally withholding the sum of Rs.73,000/- which is stated to be petitioner's liability to the Government. Payment as directed above shall be made within one month from the date on which the petitioner produces a certified copy of this judgement before the Commissioner of Excise. It is clarified that it will be open to the petitioner to challenge the decision taken by the Government in Ext.R2(a) to recover from him the sum of Rs.35,000/- in addition to the sum of Rs.50,000/- which was fixed as his liability long back. The claims and contentions of the petitioner in that regard are left open. P.N.RAVINDRAN, JUDGE bps