IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 WP(C).No. 13908 of 2009(G) ----------------------------------- PETITIONER(S): --------------------- C.K.SURENDRAN, S/O.KUNJAN, CHIRAYILTHARA HOUSE, THURAVOOR, CHERTHALA TALUK, ALAPPUZHA DISTRICT. (RETIRED ASSISTANT ENGINEER, KERALA WATER AUTHORITY). BY ADV. SRI.T.A.SHAJI RESPONDENT(S): ----------------------- 1. KERALA WATER AUTHORITY, REPRESENTED BY ITS MANAGING DIRECTOR, "JALABHAVAN", THIRUVANANTHAPURAM, PIN-695 033. 2. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES (WS-B) DEPARTMENT, THIRUVANANTHAPURAM. 3. THE DEPUTY CHIEF ENGINEER, CENTRAL REGION, KERALA WATER AUTHORITY, KOCHI. ADV. SRI.J.KRISHNA KUMAR, SC, KWA FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) 13908 / 2009 APPENDIX PETITIONER'S EXHIBITS Ext.P1 : COPY OF THE MEMO OF CHARGES DATED 15.1.2008 ISSUED BY THE CHIEF ENGINEER (HRD&GI). Ext.P2 : COPY OF THE EXPLANATION DATED 12.2.2008 SUBMITTED BY THE PETITIONER Ext.P3 : COPY OF THE COMMUNICATION DATED 7.3.2008 ISSUED BY THE 1ST RESPONDENT. Ext.P4 : COPY OF THE NON LIABILITY CERTIFICATE DATED 7.4.2008 ISSUED BY THE ASST.EXE.ENGINEER. Ext.P5 : COPY OF THE NON EVENT CERTIFICATE DATED 7.4.2008 ISSUED BY THE ASST. EXE.ENGINEER. Ext.P6 : COPY OF THE COMMUNICATION DATED 16.1.2008 THE MANAGING DIRECTOR OF THE 1ST RESPONDENT. Ext.P7 : COPY OF THE COMMUNICATION DATED 13.1.2009, THE MANAGING DIRECTOR, KERALA WATER AUTHORITY. RESPONDENT'S EXHIBITS : Nil // True Copy // PA to Judge. jg/. ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.13908 of 2009 (G) --------------------------------- Dated, this the 4th day of June, 2010 J U D G M E N T The petitioner retired from the services of the 1st respondent Authority as an Assistant Engineer on 31/10/2007. On account of the pendency of the disciplinary proceedings his pensionary benefits were not disbursed and complaining the same, this writ petition is filed. 2. In the counter affidavit filed by respondents 1 & 3, it is stated thus :- “On receiving the memo of charges the petitioner filed a reply which is seemed to be genuine. Furthermore he has retired from service on 31/10/2007 and disciplinary action taken against him was dropped and the fact was informed to Government. The pensionary benefits can be sanctioned and disbursed to him immediately on getting the reply from the Government.” Now that recommendation has been made by respondents 1 & 3 as above, it is directed that the 2nd respondent will take a final decision in the matter. This shall be done as expeditiously as possible, at any rate, within six weeks of production of a copy of WP(C) No.13908/2009 -2- this judgment. Once a decision is taken by the 2nd respondent as above, respondents 1 & 3 will reconsider the pensionary claims of the petitioner, immediately thereafter. This writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) jg