IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 WP(C).No. 19633 of 2007(K) ------------------------------------ PETITIONER : ----------------- M.V.ARAVINDAKSHAN NAIR, S/O. LATE VELU PILLAI, "SREESHYLAM", SASTHAMCOTTA, KOLLAM. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENTS : ------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT (RD-EB) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY SECRETARY, LOCAL SELF GOVERNMENT (RD) DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE COMMISSIONER FOR RURAL DEVELOPMENT, LMS COMPOUND, THIRUVANANTHAPURAM. 4. THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM. 5. SUB TREASURY OFFICER, SASTHAMCOTTA, KOLLAM. GOVERNMENT PLEADER SMT. M.R.SREELATHA FOR R1 TO 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19633 of 2007(K) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE SHOW CAUSE NOTICE NO. 4039/EB4/2000/LSGD DATED 26.04.2002 ISSUED BY THE GOVERNMENT EXT.P2: TRUE COPY OF THE EXPLANATION DATED 17.05.2002 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT EXT.P3: TRUE COPY OF THE GO (RT.) NO.1722/2003/LSGD DATED 20.05.2003 EXT.P4: TRUE COPY OF THE GO(RT.) NO.4080/05/LSGD DATED 05.10.2005 EXT.P5: TRUE COPY OF THE INDEMNITY BOND EXECUTED BY THE PETITIONER TO RELEASE TERMINAL BENEFITS EXT.P6: TRUE COPY OF THE PROCEEDINGS OF the 4TH RESPODNET DATED 27.02.2004 EXT.P7: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT ON 12.01.2004 EXT.P8: TRUE COPY OF THE JUDGMENT DATED 30.11.2006 IN W.P.(C) 35976/2005 OF THIS HON'BLE COURT EXT.P9: TRUE COPY OF THE ORDER DATED 20.03.2007 ISSUED BY THE 2ND RESPONDENT EXT.P10: TRUE COPY OF THE GO(P) NO.46/97 VIG.DATED 31.07.1997 EXT.P11: TRUE COPY OF THE ORDER DATED 06.08.2008 IN COMPLAINT NO. 2191 OF 2007 ON THE FILE OF THE KERALA LOK AYUKTA EXT.P12: TRUE COPY OF THE GO (RT) NO.2296/07/LSGD DATED 21.08.2007 -TRUE COPY- P.A. TO JUDGE V.GIRI, J. ------------------------------ W.P.(C) No.19633 OF 2007 ------------------------------ Dated this the 16th day of December, 2008 JUDGMENT Petitioner challenges Ext.P9, by which the Government has held that a decision on the retirement benefits due to the petitioner, can be taken only after finalization of the vigilance case pending against him. It is contended that petitioner retired in the year 2003 and in similar cases, the Government had taken note of the order, Ext.P11, passed by the Lok Ayukta and issued Ext.P12 order to accord sanction to disburse the DCRG amount due to the person mentioned in Ext.P12, stated to be similarly situated. 2. I heard Mr.N.N.Sugunapalan, learned senior counsel for the petitioner and learned Government Pleader Smt.M.R.Sreelatha. 3. The writ petition is disposed of directing the Government to take a decision on the question as to W.P.(C) 19633 of 2007 2 whether the petitioner is situated similar to that of the beneficiary in Ext.P12 order. If it is so held, then, the DCRG amount due to the petitioner shall be disbursed within one month. Orders shall be passed by the Government within 2 months from the date of receipt of the copy of the judgment. V.GIRI, JUDGE pac