IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 23RD MARCH 2010 / 2ND CHAITHRA 1932 WP(C).No. 10254 of 2007(U) ----------------------------------------- PETITIONER(S): ------------------------- CLEETUS K.T., AGED 57, KADAVIPARAMBIL HOUSE, (RETIRED), ASST. TALUK SUPPLY OFFICER, MUNDAMVELI, MUNDAMVELI P.O., ERNAKULAM DISTRICT. BY ADV. MR.SAJI VARGHESE KAKKATTUMATTATHIL RESPONDENT(S): --------------------------- 1. THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 2. THE DEPUTY CONTRACTOR (RATIONING), EASTERN REGION, KANJIKUZHI, KOTTAYAM DISTRICT. 3. THE DISTRICT SUPPLY OFFICER, ERNAKULAM. 4. THE ACCOUNTANT GENERAL (A & E), THIRUVANANTHAPURAM. *ADDL.R5 IMPLEADED: R5. THE KERALA STATE CIVIL SUPPLIES CORPORATION, MAVELIBHAVAN, ERNAKULAM, GANDHI NAGAR, KOCHI-682 020, REP. BY ITS MANAGING DIRECTOR. (*ADDL.R5 IS IMPLEADED AS PER ORDER DTD. 23/05/09 IN I.A.3175/09) R1 TO R4 BY GOVERNMENT PLEADER MR. P.NANDAKUMAR R5 BY ADV. SMT.MOLLY JACOB,SC,SUPPLYCO THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.10254/2007 U APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE MEMO OF CHARGES DTD. 8/06/2000 ISSUED TO THE PETITIONER ISSUED BY THE 1ST RESPONDENT. P2: COPY OF THE STATEMENT SERVED ALONGWITH EXT.P1. P3: COPY OF THE REPLY TO EXT.P1 AND P2 SUBMITTED BY THE PETITIONER DTD. 22/08/2000. P4: COPY OF THE REPORT DTD. 17/01/1990 PREPARED BY THE ASST.MANAGER (INSPECTION) OF THE KERALA STATE CIVIL SUPPLIES CORPORATION. P5: COPY OF THE LETTER OF THE 2ND RESPONDENT DTD. 27/11/2002. P6: COPY OF THE PENSION SANCTIONING ORDER DTD. 31/03/2005. P7: COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DTD. 23/01/2007. P8: COPY OF THE REPLY ISSUED BY THE PETITIONER TO EXT.P7. P9: COPY OF THE CERTIFICATE ISSUED FROM VELLORE MEDICAL COLLEGE TO THE PETITIONER DTD. 10/06/2004. RESPONDENT'S EXHIBITS: R1(A): LIABILITY CERTIFICATE DTD. 01/01/2007. R1(B): LETTER DTD. 23/01/2007. /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 10254 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of March, 2010 J U D G M E N T The petitioner is a retiree from the Civil Supplies Department. He retired from its service on 31.3.2005. Though, the retiral benefits due to the petitioner have been sanctioned as early as on 26.7.2006, they were not disbursed to the petitioner on account of non-production of non-liability certificate from the Civil Supplies Corporation. It is aggrieved by the delay in the matter of disbursement of the retiral benefits that this Writ Petition has been filed. 2. In this Writ Petition, a counter affidavit has been filed by the respondents 1 to 3. In paragraph 2 therein, it has been specifically stated that there is no liability for the petitioner in the Civil Supplies Corporation and the amount sanctioned as per order dated 26.7.2006 has not been disbursed solely on account of the pendency of the disciplinary proceedings initiated against the petitioner by the Civil Supplies Corporation. When the matter was taken up today, the learned Standing Counsel for the Civil Supplies Corporation WPC.10254 of 2007 : 2 : made available a copy of the order No. (CS)C4/20111/07 dated 7.1.2010. It would reveal that the disciplinary proceedings initiated against the petitioner as per Memo of charges dated 8.6.2000, has been dropped. In the light of the said position, there cannot be any impediment at all for disbursement of benefits already sanctioned to the petitioner. Therefore, there shall be a direction to the respondents to take appropriate steps to disburse the pensionary benefits already sanctioned to the petitioner expeditiously, at any rate within a period of one month from the date of receipt of a copy of this judgment. (C.T. RAVIKUMAR, JUDGE) jma