IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 31ST MAY 2010 / 10TH JYAISTHA 1932 WP(C).No. 20382 of 2009(P) -------------------------- PETITIONER(S): --------------- P.CHANDRABHANU PANICKER, MANALIVILAKOM HOUSE, PARAMBIL NAGAR, VALLAKKADAVU P.O., THIRUVANANTHAPURAM (RETIRED AS RANGE OFFICER, TIMBER DEPOT, ACHANKOVIL). BY ADV. SRI.P.K.SURESH KUMAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, FOREST AND WILD LIFE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIVISIONAL FOREST OFFICER, TIMBER SALES DIVISION, RAJEEV GANDHI NAGAR, P.T.P., VATTIYOORKAVU P.O., THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20382 of 2009 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF ORDER NO.A6-1442/2006 DATED 19.9.08 ISSUED BY THE 2ND RESPONDENT EXT.P2- TRUE COPY OF SHOW CAUSE NOTICE NO.12812/A2/07/F & WLD DATED 6.1.09 ISSUED BY THE 1ST RESPONDENT EXT.P3- TRUE COPY OF SHOW CAUSE NOTICE NO.7912/A1/08/F & WLD DATED 19.3.09 ISSUED BY THE 1ST RESPONDENT EXT.P4- TRUE COPY OF ORDER NO.A6-1442/2006 DATED 22.4.09 ISSUED BY THE 2ND RESPONDENT EXT.P5- TRUE COPY OF REPRESENTATION DATED 14.5.09 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT EXT.R2(a)- TRUE COPY OF ORDER DATED 11.12.08 EXT.R2(b)- TRUE COPY OF LETTER DATED 7.4.09 (TRUE COPY) P.A TO JUDGE ANTONY DOMINIC, J ------------------- W.P.(C).20382/2009 -------------------- Dated this the 31st day of May, 2010 JUDGMENT Petitioner retired as a Range Officer from the Kerala Forest Subordinate Service on 30.6.2006. The prayer sought in the writ petition is to direct the respondents to disburse DCRG, Commuted Value of Pension and other benefits. From the counter affidavit and the pleadings in R.P.200/2010, it is seen that the respondents have already fixed the total liability of Rs.55,430/- and Rs.1,93,983/-. In this writ petition the liability thus fixed is not under challenge. In view of the above,the entitlement of the petitioner is only to get the balance DCRG, if any, due to him. 2. Insofar as the prayer for disbursement of CVP is concerned, learned Government Pleader submits that the disciplinary proceedings which were pending, have been finalized by withholding Rs.500/- from the monthly pension of the petitioner by order dated 22.8.2009. This order is also not under challenge in this writ petition. Therefore, leaving it open to the petitioner to pursue his remedies against the said order, it is argued that he is W.P.(C).20382/09 2 entitled for disbursement of pension at the reduced rate and on that basis, he will also be entitled to CVP. As far as the earned leave surrender is concerned, orders in this behalf will be passed as per the Rules. In the light of the above, the writ petition is disposed of directing the respondents to disburse the balance DCRG, if any, and also CVP at the reduced amount of the admissible pension that is due to him. It is clarified that this judgment will not stand in the way of the petitioner in seeking his remedies against the order fixing liability or reducing his pension. ANTONY DOMINIC, Judge mrcs