IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 WP(C).No. 10081 of 2010(I) -------------------------- PETITIONER(S): --------------- M.K.DIVAKARAN, RETD.ASST.ENGINEER, KSHB, RESIDING AT IRATTAPLAMOOTTIL, VENGOOR, KIDANGOOR P.O., ANGAMALY, ERNAKULAM DISTRICT. BY ADV. SRI.B.MANIMOHAN RESPONDENT(S): --------------- 1. KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM ADV. SRI.A.JAYASANKAR, SC KSHB, TVM FOR R1 &2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.10081/2010 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF ORDER DATED 10/11/2009 OF THIS HONOURABLE HIGH COURT IN WRIT PETITION NO.25842/09. P2 : COPY OF ORDER NO.HBO II/Ad II (b) 8355/07 DATED 18/01/2010. P3 : COPY OF THE PETITIONER'S OBJECTION DATED 24/02/2010 ADDRESSED TO R2. P4 : COPY OF ACKNOWLEDGEMENT CARD OF THE SAME BY R2. P5 : COPY OF ANNEXURE ATTACHED TO THE LOAN APPLICATION OF SRI.P.C.MATHEW. P6 : COPY OF ANNEXURE ATTACHED TO THE LOAN APPLICATION OF SMT.THANKAMMA P.NAIR. P7 : COPY OF CIRCULAR NO.L5 17134/99 DATED 4/8/2001 OF R2. P8 : COPY OF PHOTO OF THE COMPLETED HOUSE IN RESPECT OF LOAN NO.KBIH 5/93 HIB 90 OF SRI.P.C.MATHEW AS ON 5/2/2010. P9 : COPY OF PHOTO OF THE COMPLETED HOUSE IN RESPECT OF LOAN NO.KIIIR 22 SMT.THANKAMMA P.NAIR DATED 5/2/2010. P10 : COPY OF G.O.(P) 185/2002/FIN. DATED 27/03/2002 OF R1 BOARD. P11 : COPY OF DECISION DATED 28/4/2009 OF R1 BOARD. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.10081 of 2010 (I) --------------------------------- Dated, this the 6th day of July, 2010 J U D G M E N T Petitioner retired from the services of the 1st respondent Board as Assistant Engineer. In this writ petition what he complains of is regarding Ext.P2 decision withholding a total sum of Rs.4,49,326/- from out of the terminal benefits that are due to him. It is seen that against Ext.P2, the petitioner had filed Ext.P3 raising his objection in the matter. 2. According to the learned Standing Counsel for the respondent Board, Ext.P3 objection was placed before the 1st respondent in its meeting held on 29/06/2010 and the Board has taken a decision to release an amount of Rs.4,46,233/- out of the amounts that are ordered to be withheld from the dues to the petitioner. It is also stated that the balance amount of Rs.3,093/- withheld is on account of the audit objection and that the justifiability of the same will be considered by the Board in the light of the objections raised by the petitioner in Ext.P3 representation. WP(C) No.10081/2010 -2- Having regard to the submissions thus made, the writ petition is disposed of as follows:- (1) The respondent Board shall disburse Rs.4,46,233/- to the petitioner. This shall be done as expeditiously as possible, at any rate, within two weeks of receipt of a copy of this judgment. (2) The 1st respondent shall consider the objection raised by the petitioner in Ext.P3 against the withholding of Rs.3,093/- and a final decision in the matter shall be taken as expeditiously as possible. (3) Insofar as the claim of the petitioner for interest for belated payment is concerned, the issue is left open to be agitated in appropriate proceedings. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg