IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 WP(C).No. 29285 of 2005(J) -------------------------- PETITIONER: ------------ G.SREEPATH BHATT, VILLAGE OFFICER(RETIRED), PAIVALIKE, KASARAGOD DISTRICT, RESIDING AT PANDIYEKA HOUSE, KAYYAR VILLAGE, UPPALA. BY ADV. SRI.S.MUHAMMED HANEEFF SRI.R.KRISHNAKUMAR (CHERTHALA) RESPONDENTS: ----------------- 1. TAHSILDAR, KASARGOD. 2. DISTRICT COLLECTOR, KASARGOD, KASARGOD DISTRICT. 3. STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM . GOVERNMENT PLEADER ADV. SMT.T.B.REMANI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 29285 of 2008 -------------------------- Dated this the 8th July, 2008 J U D G M E N T Petitioner, who retired from service on 31.08.2002 as Village Officer, is aggrieved by the delay in the disbursal of retirement benefits due to him. Since the petitioner retired on 31.08.2002, DCRG cannot be withheld. 2. Learned Government Pleader, on instructions, submits that there is a judicial proceedings pending against the petitioner by way of vigilance case. Hence the delay in the disbursal of retirement benefits. Apparently, vigilance case has ended in conviction, but the same is pending in appeal before this Court. I think it is appropriate that DCRG be disbursed to the petitioner on his executing a bond in terms of ruling 1 of Rule 116 of Part-III of K.S.R. 3. In the result, writ petition is disposed of directing the third respondent to take steps to see that the W.P ( C) No. 29285 of 2008 2 DCRG due to the petitioner is disbursed within a period of six weeks from the date of receipt of a copy of this judgment. This shall be on condition that the petitioner executes a bond in terms of ruling 1 of Rule 116 of Part-III of K.S.R. Disbursal of further benefits shall await the disposal of Criminal Appeal before this Court. Disbursal of DCRG shall be without prejudice to the right of the Government to take appropriate action in terms of Rule 2 of Part-III of K.S.R. Obviously, provisional pension being paid to the petitioner shall be without prejudice to the right of the Government to take appropriate action, in accordance with law. (V.GIRI,JUDGE) ma W.P ( C) No. 29285 of 2008 3 ma W.P ( C) No. 29285 of 2008 4