IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 WP(C).No. 34150 of 2007(M) ---------------------------------------- PETITIONER(S): ------------------------ K.K.SASIDHARAN, KANNAMKERIL, ADARSH NAGAR, C.S.E.Z P.O., KAKKANADU, KOCHI-37. (RETD. WELFARE FUND INSPECTOR, THODUPUZHA). BY ADVS. SRI.K.K.BABU SRI.K.RAVIKUMAR SMT.N.N.GIRIJA RESPONDENT(S): ------------------------- 1. STATE, REP. BY THE SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF WELFARE FUND INSPECTOR, KERALA TODDY WORKERS WELFARE FUND BOARD, ULLOOR, THIRUVANANTHAPURAM. R1 BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI R2 BY ADV. SRI.K.HARILAL, SC, KTWWF BOARD SRI.K.D.BABU,SC,KTWWFB(TODDY WORKERS WE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.34150/2007 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE MEMO DATED 17/6/2005 ISSUED THE 2ND RESPONDENT TO THE PETITIONER. P2 COPY OF THE EXPLONATIONS SUBMITTED THE PETITIONER DATED 24/6/2005 BEFORE THE 2ND RESPONDENT. P3 COPY OF THE MEMO DATED 12/2005 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P4 COPY OF THE EXPLANATIONS SUBMITTED THE PETITIONER DATED 16/12/2005 ISSUED BY THE 2ND RESPONDENT. P5 COPY OF THE LETTER DATED 11/7/2005 OF THE 2ND RESPONDENT. P6 COPY OF THE EXPLANATION DATED 2/1/2006 ISSUED BY THE 2ND RESPONDENT. P7 COPY OF THE COMPLAINT DATED 3/2/2006 BEFORE THE HON'BLE CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA. P8 COPY OF THE CHARGE IN C.C.NO.384/06 AGAINST THE PETITIONER AND TWO OTHERS. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 34150 of 2007 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of June, 2011 J U D G M E N T The petitioner retired from service on 30.04.2005 as Welfare Fund Inspector of the Kerala Toddy Workers Welfare Fund Board. The petitioner's grievance in this writ petition is that, retirement benefits due to the petitioner have not yet been disbursed to him on the ground that disciplinary proceedings and judicial proceedings are pending against him. The petitioner seeks the following reliefs: “i. directing the respondents to pay the provisional pension and all other amounts other than death cum retirement gratuity to the petitioner within the period to be fixed by this Hon'ble Court, with interest.” By virtue of an interim order dated 26.11.2008, provisional pension with arrears have already been disbursed to the petitioner. Now the question is as to what orders should be passed in respect of the other retirement benefits. A learned Judge of this court has in Aravindaksha Panicker v. Accountant General [2007 W.P.(C)No. 34150 of 2007 -2- (4) KLT 1031] held that the pendency of departmental proceedings or judicial proceedings as contemplated by Rule 3 is not a reason for Government to withhold DCRG admissible to a Government Servant, beyond a period of 3 years from date on which government servant becomes a pensioner. In this case, more than six years have already elapsed. Therefore following the said judgment, I direct the respondents to pay to the petitioner the DCRG due to the petitioner after obtaining a bond under Rule 116 within a period of two months from the date of receipt of a copy of this judgment. The other retirement benefits shall be disbursed within two months from the date when the departmental or judicial proceedings are concluded. The appropriate authority shall expedite the disciplinary and judicial proceedings. The writ petition is disposed of as above. S. SIRI JAGAN JUDGE shg/