IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 5644 of 2008(V) ------------------------- PETITIONER: ------------ DR. K.P.SOMAN, NANDANAM, VETTIKKAVALA P.O., KOTTARAKKARA, KOLLAM. BY ADV. SRI.O.D.SIVADAS SRI.S.SHAJI RESPONDENTS: ------------- 1. THE STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARY , THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF HEALTH SERVICE, OFFICE OF THE DIRECTOR OF HEALTH SERVICE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 5644 of 2008 -------------------------- Dated this the 25th March, 2008 J U D G M E N T Petitioner retired from service on 31.3.2007 and he is aggrieved by the disbursal of retirement benefits due to him. Exhibit P1 is a sanction order issued by the Accountant General. 2. A statement has been filed on behalf of the 1st respondent pointing out that a vigilance enquiry is pending against the petitioner on the basis of a petition submitted by one Sri.N.Gopalakrishnan on 5.12.2005. No parallel disciplinary action has been taken against the petitioner though there was report from the Finance Wing. Petitioner's request for settlement of his pensionary benefits can be considered only after clearance is received from the Vigilance Department. 3. It cannot be said that Government is acting unreasonably in awaiting vigilance clearance. Nevertheless vigilance enquiry against the petitioner will have to be completed. Government Pleader submits that steps will be taken to complete the vigilance enquiry, at the earliest. W.P ( C) No. 5644 of 2008 2 In the circumstances, the writ petition is disposed of in the following terms: i) First respondent shall take steps to see that vigilance enquiry of the petitioner is completed, at the earliest, at any rate, within a period of nine months from the date of receipt of a copy of this judgment. ii) If enquiry is not completed by that time, then the1st respondent shall instruct the 3rd respondent to issue NLC/LC , after due notice to the petitioner., within two months thereafter. DCRG and CVP sanctioned to the petitioner shall be disbursed to the petitioner on the basis of such NLC/LC. It is open to the Government to require the petitioner to execute a bond for the same, pending completion of the vigilance enquiry. 75% of the provisional pension shall be paid to the petitioner and the orders to be passed in the manner aforementioned shall also relate to full pension payable to the petitioner. (V.GIRI, JUDGE) ma W.P ( C) No. 5644 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 W.P ( C) No. 5644 of 2008 2 ORDER 25th May, 2007 Common issues are raised for consideration in all these writ petitions. Reference is made to the facts in Writ Petition No.4562/2008 for the sake of convenience.