IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 4695 of 2009(H) ------------------------------------ PETITIONER: --------------- SRI.A.S. RAVEENDRAN, S/O. LATE A.N. SANKU, AGED 57 YEARS, ARKIYIL HOUSE, MEENADAM.P.O, KOTTAYAM - 686 516, RETIRED, DY. SURVEY SUPERINTENDENT, KOTTAYAM. BY ADV. MR.SOJAN JAMES RESPONDENTS: ---------------------- 1. THE DIRECTOR OF SURVEY AND LAND RECORDS, VIKAS BHAVAN, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (A&E), THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF SURVEY AND LAND RECORDS, COLLECTORATE, KOTTAYAM. 4. SUB TREASURY OFFICER, PAMPADY, KOTTAYAM DISTRICT. BY GOVERNMENT PLEADER MS. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No.4695 of 2009 --------------------------------------------------- Dated this the 3rd day of March, 2009 JUDGMENT The petitioner retired from service on 31.07.2007. The Accountant General admitted a sum of Rs.2,86,239/- as DCRG due to the petitioner, the amount of pension commuted Rs.2,729/- and the commuted value of the pension Rs.3,73,983/-. By Ext.P1 order, the Accountant General forwarded the report of various pensionary benefits to the Director of Survey and Land Records, Thiruvananthapuram. It is averred that Non- Liability Certificate has also been forwarded by the third respondent vide his order dated, 21.5.2008. Since there is unreasonable delay on the part of the authorities in the disbursement of the amount, he has filed this writ petition. 2. The learned Government Pleader submitted that certain proceedings are still pending against him. It is also submitted that there was a dispute between on Mr.Chacko, Thottathil House and Mr.Devasia Pulpira, Kunnathettu, regarding a mistake in land survey records to the extent of 3.5 cents of Government land. There was a civil dispute before the Civil Court which resulted in favour of the plaintiff therein. Ext.P2 is the detailed representation submitted by the petitioner before wpc:4695 of 2009 2 the first respondent explaining various facts. Till date the petitioner was not given any reply to the above representation. It is also submitted that the proceedings against him have not been finalised so far and the liability has to be quantified. 3. Since the terminal benefits due to the petitioner have already been sanctioned, the same will have the character of property in the hands of the pensioner. Therefore, there cannot be any unreasonable delay in disbursing the said amount, even though under the relevant rules, namely Rule No.3 Note 3 to Part III of the KSR and 3 years period is available. 4. Since the proceedings are yet to be finalized, there will be a direction to finalise the proceedings for fixing the liability, if any, against the petitioner within a period of four months from the date of receipt of a copy of this judgment and depending upon the same the terminal benefits should be disbursed. The authority will also sanction provisional pension, in the meanwhile. The writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE bps