IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 OP.No. 22019 of 2001(U) ----------------------------- PETITIONER(S): ------------------- K.M. KRISHNANKUTTY, S/O.MADHAVAN, THITTAYIL HOUSE, EDAYAKUNNAM, SOUTH CHITTOOR P.O., KOCHI - 27. BY ADVS. SRI.K.RAVEENDRAN SRI.B.M.SHA RESPONDENT(S): -------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL ADMINISTRATION, GOVERNMENT OF KERALA, TRIVANDRUM. 2. THE DIRECTOR OF PANCHAYATS, TRIVANDRUM. 3. THE DEPUTY DIRECTOR OF PANCHAYAT, DY. DIRECTORATE OF PANCHAYAT, ERNAKULAM. 4. THE NAYARAMBALAM GRAMA PANCHAYAT BY SECRETARY, NAYARAMBALAM. R1 TO R3 BY GOVT.PLEADER SRI.T.T.MUHAMOOD R4 BY ADVS. SRI.LLOYD JOSEPH VIVERA SRI.C.A.CHACKO THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P. NO. 22019/2001 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF LETTER DATED 30/12/2000 OF THE 3RD RESPONDENT TO THE 4TH RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ O.P. No.22019/2001-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 16th day of June, 2011 J U D G M E N T The prayer in the original petition was for a direction to the respondents to grant full pension to the petitioner. The petitioner retired from the Department of Panchayats, after a service of 28 years as Upper Division Clerk, on 31/01/1999. 2. He was suspended from service during different periods which have been detailed in paragraph (4) of the original petition. It is his case that the periods of suspension have not been regularised and only nominal pension is being paid. 3. The statement filed by the third respondent shows that provisional pension was sanctioned to him as per order dated 02/01/2000 of the Assistant Director of Panchayats, Ernakulam. Various averments have also been made with regard to the steps taken to assess the liability for issuing non liability certificate. 4. Learned Government Pleader on getting instructions submitted that suspension periods have been regularised. O.P. No.22019/2001 -:2:- 5. The fourth respondent-Secretary of the Panchayat has filed a statement wherein it is pointed out that the regularisation of the suspension period was done by the third respondent as per order dated 10/08/2001 and the period of suspension has been treated as leave without allowances and the disciplinary proceedings initiated against the petitioner has been finalised. Thereafter, 3191 days of absence of the petitioner have been regularised by order dated 01/10/2001 of the fourth respondent and the service book has been transferred to the Deputy Director of Local Funds Account and, the Deputy Director of Local Funds by order dated 05/01/2002 has approved the salary fixation and it is further pointed out that the matter is pending before the third respondent for sanctioning full pension. The said affidavit is dated 16/01/2002 and obviously, the petitioner would have received the pensionery benefits already. If any benefits are still remaining unpaid, the petitioner will be free to approach the authority concerned. With the above observation, the original petition is disposed of. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms