IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 WP(C).No. 24490 of 2011(I) --------------------------------------- PETITIONER(S): ------------------------- P.M. AZEEZ RAWTHER, AGED 67 YEARS, S/O. THAMPI RAWTHER, PUTHUPARAMBIL VEEDU, KANGAZHA.P.O, KOTTAYAM DISTRICT - 686 541. (FORMER SECRETARY OF VECHOOCHIRA GRAMA PANCHAYATH) BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURM - 695 001. 2. THE ACCOUNTANT GENERAL(KERALA), THIRUVANANTHAPURAM - 695 001. 3. THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAUPRAM - 695 001. 4. THE DEPUTY DIRECTOR OF PANCHAYATS, PATHANAMTHITTA - 689 645. R1 TO R4 BY GOVERNMENT PLEADER SRI.JOSE ADIYODI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.24490/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE JUDGMENT DATED 25/1/2011 PASSED BY THIS HONOURABLE COURT IN CRL.A.NO.724/2003. P2 COPY OF THE REPRESENTATION DATED 15/4/2011 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.24490 of 2011 --------------------------------------------- Dated this the 28th day of November 2011 JUDGMENT The petitioner, while working as a Secretary of Vechoochira Grama Panchayat, retired from service on 31.10.1999. He had been made an accused in C.C.Nos.13 and 14 of 1999 of the Enquiry Commissioner and Special Judge, Thrissur while he was working as a Head Clerk in Melukavu Panchayat. After trial, the petitioner was acquitted in C.C.No.14 of 1999. However, in C.C.No.13 of 1999, the petitioner was convicted. The petitioner challenged his conviction and sentence by filing an appeal before this Court. As per Ext.P1 judgment, the petitioner's appeal Crl.Appeal No.724 of 2003 has been allowed and the conviction and sentence of the petitioner has been set aside. 2. Since the petitioner was an accused in a criminal case, he was placed under suspension for a period of 477 days. During the said period, the petitioner had not been WPC No.24490 of 2011 2 paid his salary and other benefits. Subsequently, he was permitted to join duty and he continued in service till his retirement. After his retirement, the petitioner complains that his retirement benefits have also not been paid to him till date. The petitioner is being paid only a provisional pension. The petitioner has submitted Ext.P2 representation to the fourth respondent for the disbursement of his pension and other benefits to which he is entitled, consequent to his acquittal. Though Ext.P2 has been pending from 15.4.2011 onwards, the petitioner complains that no orders have been passed thereon, till date. He, therefore, seeks the issue of appropriate directions for the consideration and disposal of Ext.P2. 3. I have heard the learned Government Pleader also. 4. In view of the fact that Ext.P2 representation is pending consideration of the fourth respondent, it is sufficient that this writ petition is disposed of directing the consideration of the said representation Ext.P2, without delay. 5. This writ petition is, accordingly, disposed of WPC No.24490 of 2011 3 directing the fourth respondent to consider the grievances of the petitioner set out in his representation, evidenced herein by Ext.P2 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner also. Sd/- K.SURENDRA MOHAN, JUDGE css/ true copy P.A.TO JUDGE