IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 35591 of 2008(K) -------------------------- PETITIONER(S): ------------------ B.GANESAN ASARI, ANJANA SOOLAMKUDI, POOVAR P.O., NEYYATTINKARA, THIRUVANANTHAPURAM, RTD. SR. SUPERINTENDENT, CENTRAL STAMP DEPOT, THIRUVANANTHAPURAM. BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.PIRAPPANCODE V.S.SUDHIR SRI.SAJU JOHN SRI.V.VARGHESE RESPONDENT(S): -------------------- 1. STATE OF KERALA, REP. BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM 695 033. 4. THE DEPUTY COLLECTOR (GENERAL), THIRUVANANTHAPURAM. 5. THE ACCOUNTANT GENERAL (A & B) KERALA, THIRUVNANTHAPURAM. GOVT.PLEADER SRI.ANTONY MUKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.35591/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE RELEVANT EXTRACT OF THE PROCEEDINGS NO.L4-F2-5/07 DT 21.11.2007 OF THE 3RD RESPONDENT. EXT.P2: TRUE COPY OF THE GO.(RT) NO.4623/2000/RD DT 27.11.2000. EXT.P3: TRUE COPY OF THE CHARGE MEMO NO.75129/D1/2000/RD DT 12.2.2001 ISSUED BY THE SECRETARY TO GOVERNMENT TO THE PETITIONER. EXT.P4: TRUE COPY OF THE EXPLANATION DT 16.2.2001 SUBMITTED BY THE PETITIONER TO EXT.P3. EXT.P5: TRUE COPY OF THE RELEVANT EXTRACT OF THE GOVERNMENTORDER NO.158/2002/REVENUE DT 22.1.2002. EXT.P6: TRUE COPY OF THE RELEVANT EXTRACT OF THE ORDER NO.LR- E2/502/2002 DT 23.1.2002. EXT.P7: TRUE COPY OF THE GO(RT) NO.3599/2004/RD DT 23.9.2004. EXT.P8: TRUE COPY OF THE GO(RT) NO.5416/04/RD DT 31.12.2004. EXT.P9: TRUE COPY OF THE GO(RT) NO.5641/05/RD DT 19.10.2005. EXT.P10: TRUE COPY OF THE ORDER NO.64262/05(1) DT 7.1.2006 OF THE 4TH RESPONDENT. EXT.P11: TRUE COPY OF THE ORDER NO.64262/05(2) DT 7.1.2006 OF THE 4TH RESPONDENT. EXT.P12: TRUE COPY OF THE LETTER NO.FB(A) 6-4414/08 DT 19.4.2008. EXT.P13: TRUE COPY OF THE PENSION ORDER DT 12.6.2008. EXT.P14: TRUE COPY OF THE REPRESENTATION DT 14.5.2008 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR REVENUE. EXT.P15: TRUE COPY OF THE REPRESENTATION DT 13.8.2008 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR REVENUE. EXT.P16: TRUE COPY OF THE LETTER NO.F.B.A6.4414/08 DT 18.10.2008 OF THE 3RD RESPONDENT. EXT.P17: TRUE COPY OF THE SOLVENCY CERTIFICATE DT 1.3.2000 ISSUED BY THE TAHSILDAR. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 35591 OF 2008 (K) ===================== Dated this the 11th day of December, 2009 J U D G M E N T Petitioner retired as Senior Superintendent/Tahsildar on 30/11/2007. 2. While he was working as Village Officer, he was placed under suspension on account of certain allegations of misconduct in relation to the issuance of solvency certificate. Proceedings culminated by Ext.P7 order passed by the 1st respondent imposing a punishment of barring of one increment without cumulative effect. This order however made it clear that depending upon the recommendation from the Excise Department or on assessment of loss, if any, suffered by the Government, the matter will be reviewed. 3. Subsequent to his retirement, apparently in view of the above reservation made in Ext.P7 order of punishment, only provisional pension was authorised. His representations were replied by Ext.P16 stating that in view of the proceedings that are pending as above, only provisional pension can be paid. 4. It is in these circumstances the writ petition has been WPC 35591/08 :2 : filed challenging the aforesaid stand of the respondents and seeking an order for release of the benefits that are due to the petitioner . 5. Ext.P7 order of punishment and reservation made therein is the root cause for the payment of provisional pension and withholding of the other benefits. A reading of the said reservation in Ext.P7 show that once any loss is found to be due or on the basis of the recommendation of the Excise Department, the matter will be reviewed. More than two years have elapsed since the retirement of the petitioner, and at this distance of time, petitioner is entitled to have his benefits released. The only course open to the respondents, in the event any loss is found to have been caused due to the misdeeds of the petitioner, they will have to take recourse to the proceedings in accordance with law and seek recovery of the amount, but however, that is no reason to withhold the terminal benefits that are due. Therefore, I dispose of this writ petition directing that the respondents shall release the retiral benefits are due to the petitioner including his pension. This shall be done, as expeditiously as possible, at any rate within 2 months of WPC 35591/08 :3 : production of a copy of this judgment. However, this judgment will not stand in the way of the respondents in initiating proceedings in accordance with law for recovery of any amount, if and when any amount is found to be due. ANTONY DOMINIC, JUDGE Rp