IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 WP(C).No. 37268 of 2010(G) -------------------------------------- PETITIONER: ------------------- ELSIKUTTY .G, BETHEL,T.C.14/641, EDAVAMADOM GARDENS ROAD, POTHUJANAM LANE, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM (RETIRED NURSING SUPERINTENDENT GRADE I, MEDICAL COLLEGE HOSPITAL, KOZHIKODE). BY ADV. SRI.D.SAJEEV. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM, PIN – 695 001. 3. THE ACCOUNTANT GENERAL, AG'S OFFICE, THIRUVANANTHAPURAM, PIN – 695 001. 4. THE SUPERINTENDENT, MEDICAL COLLEGE HOSPITAL, KOZHIKODE – 8. R1, R2 & R4 BY GOVT. PLEADER SRI. SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2011,ALONG WITH W.P.(C). NO.38053/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)Nos. 37268 & 38053 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of January, 2011 J U D G M E N T In these two writ petitions, the petitioners are retired Nursing Superintendents Grade-I & II, respectively, in the Health Department of the Government of Kerala. They retired on 31.03.2010. Their grievance in these writ petitions is that, the retirement benefits due to them are not being disbursed. The contention of the respondents as stated by the learned Government Pleader is that while in service both the petitioners were reverted, which reversion was challenged by them before this court by filing a writ petition, in which there is a stay. Because of the same, the respondents could not compute the retirement benefits due to the petitioners and that is why the retirement benefits have not been disbursed to them. It is also stated that non- liability certificates have not yet been received in respect of the petitioners. After hearing both sides, I am not satisfied that the said reasons are sustainable for not disbursing the W.P.(C)Nos. 37268 & 38053 of 2010 -2- retirement benefits due to the petitioners. The fact that the petitioners had obtained a stay of their reversion cannot stand in the way of disbursing their retirement benefits. If there are liabilities, it is for the respondents to fix the same after completing the procedure prescribed under law within a reasonable time. Maximum what the respondents can do is to obtain a bond as provided under Rule 116 of Part-III of the K.S.R. In the above circumstances, these writ petitions are disposed of with a direction to the respondents to see that the retirement benefits due to the petitioners are disbursed to them, if necessary, after obtaining a bond under Rule 116 as expeditiously as possible, at any rate within two months from the date of receipt of a copy of this judgment. If the petitioners furnish a bond, the retirement benefits shall be disbursed to them within one month from the date of furnishing the bond. Sd/- S. SIRI JAGAN JUDGE //True copy// shg/ P.A. TO JUDGE