IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 WP(C).No. 14014 of 2009(V) ----------------------------------------- PETITIONER(S): -------------------------- K.GANGADHARAN NAIR, (SECRETARY (RETD), KERALA STATE CONSTRUCTION CORPORATION) CHAITRAM, KARIPAL, KARIMPADAM ROAD, S.H.MOUNT P.O., KOTTAYAM. BY ADV. MR.BABU VARGHESE RESPONDENT(S): ---------------------------- 1. KERALA STATE CONSTRUCTION CORPORATON LTD., REPRESENTED BY ITS MANAGING DIRECTOR, ADMINISTRATIVE OFFICE, BANERJI ROAD, ERNAKULAM. 2. THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF P.W.D. GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. MR.M.V.THAMBAN, SC., KSCC LTD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.14014/2009 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTICE DTD. 11TH MAY 2009 ISSUED BY THE BRANCH MANAGER, STATE BANK OF TRAVANCORE, M.G. UNIVERSITY CAMPUS, KOTTAYAM. P2: COPY OF THE FEE RECEIPT ISSUED FOR THE 3RD YEAR DTD. 25/08/08, BY THE COLLEGE. P3: COPY OF PRESCRIPTION ISSUED BY DR. B.N.ABRAHAM, CARITAS HOSPITAL, KOTTAYAM. P4: COPY OF REPRESENTATION DTD. 17/10/2008 ADDRESSED TO THE MANAGING DIRECTOR OF THE 1ST RESPONDENT. P5: COPY OF THE INTIMATION DTD. 19/08/2008 GIVEN BY THE 2ND RESPONDENT. P6: COPY OF THE INTIMATION DTD. 30/10/08. P6(A): COPY OF THE INTIMATION DTD. 18/11/08. RESPONDENT'S EXHIBITS: R1(A): COPY OF THE SENIORITY LIST OF THE RETIRED EMPLOYEES PREPARED FOR DISBURSING THE RETIREMENT BENEFIT AS ON 31/05/2008. R1(B): COPY OF THE LIST SENIORITY OF THE RETIRED EMPLOYEES PREPARED FOR DISBURSING THE RETIREMENT BENEFIT AS ON 28/02/2008. R1(C): COPY OF THE JUDGMENT DTD. 28/05/2008 IN WPC.NO.34775/07. R1(D): COPY OF THE STATEMENT OF FACTS SIGNED BY THE PETITIONER HIMSELF DTD. 14/03/2008 TO THE STANDING COUNSEL FOR PREPARING A STATEMENT IN WPC.NO.34775/07. /TRUE COPY/ P.A.TO JUDGE Kss V.GIRI, J ------------------- W.P.(C).14014/2009 -------------------- Dated this the 8th day of October, 2009 JUDGMENT Petitioner retired from the service of the 1st respondent, Corporation, as Secretary on 31.5.2008. He is aggrieved by the non disbursal of the retirement benefits due to him. 2. The only defence that has been taken by the Corporation is the financial stringency faced by them. I have considered a similar issue in Ext.R1(c) judgment. Paragraph 8 of the same reads as follows:- “In the totality of the circumstances, I am of the view that the amount due to the petitioner by way of DCRG should be disbursed without further delay, at any rate within one year from the date of his retirement, that is 31.7.2007. Accordingly, there will be a direction to the first respondent to see that the amount payable by way of DCRG is paid as early as possible, any any rate, on or before 31.7.2008. In so far as the remaining part of the retirement benefits are concerned, it is directed that the first respondent shall make its best efforts to see that the balance amount is paid to the petitioner and other retired employees as early as possible. Such payment shall be effected going by the scheme for repayment submitted by the Corporation along with additional statement filed by the 1st respondent on 17.3.2008.” W.P.(C).14014/2009 2 3. Petitioner is also placed in a similar fact situation. There is no justification for the delay in the disbursal of the DCRG, beyond the period of one year from the date of retirement. 4. In the result, writ petition is disposed of directing the 1st respondent to disburse to the petitioner the DCRG due to him as early as possible, at any rate, on or before 30.11.2009. 1st respondent shall see that the remaining part of the retirement benefits due to the petitioner is disbursed as early as possible. Payment of such amount shall be effected going by the scheme of repayment submitted by the Corporation, in W.P.(C). 34775/2007. Petitioner's plea for interest is left open to be agitated in other appropriate proceedings if so advised. V.GIRI, Judge mrcs