IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 3476 of 2011(H) ------------------------- PETITIONER(S): --------------- K.SREEKANDAN PILLAI S/O.KRISHNA PILLAI, PULIKKAL HOUSE, DEESEEYAM,CHITHIRAPURAM, PATTANKAD P.O., IDUKKI-685565 BY ADV. SRI.C.S.AJITH PRAKASH SRI.T.D.SALIM SRI.PAUL C THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY ITS SECRETARY, REVENUE DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 2. THE LAND REVENUE COMMISSIONER GOVERNMENT OF KERALA PUBLIC OFFICE BUILDING MESEUM,THIRUVANANTHAPURAM 3. THE DISTRICT COLLECOTR, COLLECTORATE,IDUKKI PAINAVU P.O., 4. ACCOUNTANT GENERAL (A & E) THIRUVANANTHAPURAM-695039 GOVT. PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 3476 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 8th day of March, 2011. J U D G M E N T The petitioner retired from the service of the Government of Kerala as a Village Assistant (Higher Grade) on 31.5.2008. The grievance of the petitioner in this writ petition is that on the ground of pendency of disciplinary proceedings, the retirement benefits due to the petitioner are not being disbursed except provisional pension. The petitioner therefore seeks the following reliefs: “i. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 3rd respondent to finalise the departmental action pending against the petitioner. ii. Issue a writ of mandamus or any other appropriate writ, order or direction commanding the 3rd respondent to issue the non-liability certificate of the petitioner to the Sub Treasury Officer, Adimaly, Idukki without any further delay so as to enable the petitioner to get the gratuity amount without further delay. iii. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 4th respondent to sanction commuted value of pension due to the petitioner and disburse the amount without further delay. iv. Issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent to disburse the remaining pensionary benefits of the petitioner namely the payment of gratuity amount together with interest @ 12% for the entire pensionary benefits within a time limit to be fixed by the Honourable Court.” 2. The learned Government Pleader, on instructions, submits that in view of Rule 3A of Part III of KSR, until the disciplinary proceedings are finalised, retirement benefits due to the petitioner cannot be disbursed. Having heard both sides, I dispose of this writ petition with the following directions: W.P(C) No. 3476 of 2011 -: 2 :- The disciplinary proceedings initiated against the petitioner shall be completed as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. Whether disciplinary proceedings are completed within the said 3 months or not, the retirement benefits due to the petitioner shall be disbursed to him within one month from the expiry of the said 3 months. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.