IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 21277 of 2007(G) -------------------------- PETITIONER: ------------ N.K.SIVARAMAN, LASCAR (RTD), NOKKARA HOUSE, VELLAPPARA, KAVASSERY, PALAKKAD. BY ADV. SRI.P.N.PURUSHOTHAMA KAIMAL RESPONDENTS: ------------- 1. THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION DIVISION, MALAMPUZHA P.O., PALAKKAD. 2. THE CHIEF ENGINEER, OFFICE OF THE CHIEF ENGINEER, IRRIGATION AND ADMINISTRATION, THIRUVANANTHAPURAM. 3. STATE OF KERALA REPRESENTED BY SECRETARY IRRIGATION DEPARTMENT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.21277 of 2007 -------------------------- Dated this the 22nd February, 2008 J U D G M E N T Petitioner retired from service on 30.4.2006. He approaches this Court aggrieved by the delay in the disbursal of retirement benefits due to him. The benefits that he claims in this regard are DCRG, pension, amounts due under the State Life Insurance Scheme and the Group Insurance Scheme. A counter affidavit has been filed by the 1st and 2nd respondent. It is pointed out that there is no delay as such on the part of the respondents in processing the petitioner's case. Apparently, there has been prolonged absence on the part of the petitioner and the same has also been treated as unauthorised absence. A portion of the period of such absence has been treated as eligible leave. But in so far as the period from 1.10.2005 to 4.4.2006 is concerned since the period exceeds 120 days it could be regularised only on Government sanction. The averments in para 4 of the counter affidavit reads as follows. W.P ( C) No.21277 of 2007 2 “It is absolutely false to state that even after lapse of one year and two months the petitioner's retirement benefits including Provident Fund, Gratuity were not disbursed in spite of prompt submission of all the concerned documents by the petitioner. In fact, the Assistant Engineer, Erimayur Canal Section vide his letter No.E5-Estt./95-96 dated 21.12.2006 has already submitted the leave application for the period 1.10.2005 to 4.4.2006 for regularising his unauthorised absence. Since, the leave application was incomplete the said fact was readily brought to the notice of the petitioner vide communication dated 9.1.2007 itself. However, he has not taken any steps to submit the completed leave application in spite of a reminder sent by the 1st respondent. On the other hand, the petitioner approached the office of Executive Engineer, Irrigation Division, Malampuzha only on 6.7.2007 and submitted the necessary clarifications. The State Life Insurance and Group Insurance Scheme claims are already settled and disbursed. The Service Book with leave application have already been forwarded to the Government for regularising the unauthorised absence of the petitioner through letter No.B6/16520/06 dated 20.9.2007 of the 2nd respondent the period of unauthorised absence exceeded 120 days. Necessary follow up action will be taken on regularisation of the unauthorised absence of the petitioner”. 2. In this view of the matter, the benefits due to the petitioner can be quantified only after getting orders from the Government in respect of the period from 1.10.2005 to 4.4.2006. W.P ( C) No.21277 of 2007 3 In the result, the writ petition is disposed of in the following terms: i) Third respondent shall pass orders as regards the regularisation of the period of absence of the petitioner from 1.10.2005 to 4.4.2006, within a period of three months from today. ii) On receipt of such orders, the same shall be forwarded to the Accountant General for sanction. iii) On receipt of such orders from the 3rd respondent, the 2nd respondent shall take further steps to disburse the pension and DCRG due to the petitioner, without any further delay. (V.GIRI, JUDGE) ma W.P ( C) No.21277 of 2007 4 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER 25th May, 2007