IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 WP(C).No. 23841 of 2010(E) -------------------------------------- PETITIONER: ------------------- M.N.RAMANATHAN NAIR,THEVATHUMPARAMBIL HOUSE,IRUVETTY.P.O,ELAYOOR,ARECODE, MALAPPURAM-673 639. BY ADVS. SRI.ELVIN PETER P.J, SMT.POOJA SURENDRAN. RESPONDENTS: ------------------------ 1. THE COMMANDANT,CENTRAL INDUSTRIAL SECURITY FORCE,MINISTRY OF HOME AFFAIRS, CISF UNIT,VSSC,THUMBA,THIRUVANANTHAPURAM-22. 2. THE ASSISTANT COMMANDANT,CENTRAL INDUSTRIAL SECURITY FORCE,MINISTRY OF HOME AFFAIRS, CISF UNIT,VSSC,THUMBA,THIRUVANANTHAPURAM-22. 3. THE SENIOR ACCOUNTS OFFICER,REGIONAL PAY AND ACCOUNTS OFFICE,CENTRAL INDUSTRIAL SECURITY FORCE,MINISTRY OF HOME AFFAIRS,GOVT.OF INDIA,RAJAJI BHAVAN,BASANT NAGAR,CHENNAI. R1 TO R3 BY SRI.P.PARAMESWARAN NAIR, A.S.G OF INDIA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.23841/2010-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 21/06/2009 ISSUED BY THE R.1. EXT.P.2: COPY OF THE ORDER DTD. 23/07/2009 ISSUED BY THE R.2. EXT.P.3: COPY OF THE MEMORANDUM DATED 12/08/2009 ALONG WITH THE STATEMENT OF ARTICLES OF CHARGE AND LIST OF DOCUMENTS ISSUED BY THE R.1. TO THE PETITIONER. EXT.P.4: COPY OF THE COMMUNICATION DTD. 31/05/2010 ISSUED BY THE R.1. ALONG WITH THE ENQUIRY REPORT OF THE ENQUIRY OFFICER. EXT.P.5: COPY OF THE ORDER DTD. 14/09/2009 ISSUED BY THE R.3. EXT.P.6: COPY OF THE ORDER DTD. 13/05/2011 ISSUED BY THE R1. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE LETTER UNIT SERVICE ORDER PART-I NO.75/2009 DTD. 31/08/2009. EXT.R1.B: COPY OF THE ORDER NO. V-15014/VSSC/SUS/MNRN/2009/9001 DTD. 08/10/2009. EXT.R1.C: COPY OF THE ORDER NO. V-15099/CISF/VSSC/DIS-MISC/2010-2576 DTD. 26/03/2010 8 TO 9. EXT.R1.D: COPY OF THE LETTER NO. V-15014/VSSC/SUS/MNRN/2009/6367 DTD. 23/07/2009. //TRUE COPY// P.S. TO JUDGE. Prv. C.T.RAVIKUMAR, J. ---------------------------- W.P.(C)No.23841 of 2010 ---------------------------- Dated 8th July, 2011 JUDGMENT The petitioner is a retiree from the service of the Central Industrial Security Force. He retired from its service on 31.8.2009 as Sub Inspector. This writ petition has been filed on being aggrieved by the delay in the matter of disbursement of commuted value of pension and such other retiral benefits including the amount due under the Central Government Group Insurance Scheme. Shortly before his retirement from service Ext.P3 memo of charges was served on the petitioner. The disciplinary proceedings thus initiated as per Ext.P3 culminated in Ext.P6 order. Ext.P6 would reveal that the petitioner was awarded with a penalty of reduction of monthly pension by 50% on permanent basis. When this matter is taken up for consideration today, the learned counsel appearing for the petitioner submitted that the respondents may be directed to effect payment of the retiral benefits taking into account the orders in Ext.P6. In the circumstances, I am inclined to dispose of this writ petition as hereunder:- The respondents shall disburse DCRG, if not already paid, and the amount payable under the Central Government Group Insurance Scheme. After working out the impact and effect of Ext.P6 WP(C).No.23841/2010 2 on the commuted value of pension the amount payable on that count shall also be paid to the petitioner expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this judgment. It is made clear that it will be open to the petitioner to challenge Ext.P6 in appropriate proceedings. Sd/- C.T.RAVIKUMAR Judge TKS