IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 3RD APRIL 2009 / 13TH CHAITHRA 1931 WP(C).No. 31287 of 2008(Y) ----------------------------------- PETITIONER(S): --------------------- V.KRISHNAN NAMBOOTHIRI, S/O. LATE VISHNU NAMBOOTHIRI, AMPADI ILLOM, ATTINGAL P.O.,THIRUVANANTHAPURAM 695 101. BY ADV. SRI.S.NARAYANAN NAIR SRI.R.GOPALAKRISHNAN (SREEVALSAM) RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY,LOCAL SELF GOVERNMENT DEPARTMENT, GOVT. OF KERALA, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. 3. THE DIRECTOR, LOCAL FUND AUDIT DEPARTMENT, THIRUVANANTHAPURAM. 4. THE SECRETARY, ATTINGAL MUNICIPALITY, ATTINGAL. ADV. SRI.M.R.ANANDAKUTTAN FOR R4 SRI.MAHESH ANANDAKUTTAN FOR R4 GOVERNMENT PLEADER SRI. P.NANDAKUMAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 31287/2008 Y APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE PHYSICAL DISABILITY CERTIFICATE. EXT.P2. COPY OF THE VISUAL DISABILITY CERTIFICATE. EXT.P3. COPY OF THE NON LIABILITY CERTIFICATE FROM KOLLAM CORPORATION. EXT.P4. COPY OF THE NON LIABILITY CERTIFICATE FROM NEDUMANGAD MUNICIPALITY. EXT.P5. COPY OF THE NON LIABILITY CERTIFICATE FROM ATTINGAL MUNICIPALITY. EXT.P6. COPY OF THE PETITION DT. 30/6/2008 TO THE R2. EXT.P7. COPY OF THE PETITION DT. 30/6/2008 TO THE R3. EXT.P8. COPY OF THE PETITION TO THE MINISTER FOR LSGD WITH COPY TO THE R1. RESPONDENTS' EXHIBITS : NIL. / TRUE COPY / tga T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.31287 of 2008-Y - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of April, 2009. JUDGMENT The petitioner who is retired as an Upper Division Clerk in the Municipal Common Service, on 30.4.2007. He is a physically handicapped person also. During his service he was placed under suspension from 9.2.2005 to 1.8.2005 and subsequently, the disciplinary action was finalized. 2. The main complaint raised by the petitioner is that the second respondent who is the pension sanctioning authority, was reluctant to sanction the admissible pension, DCRG and commuted value of pension to the petitioner which resulted in filing a complaint before the Lok Ayuktha. . Exts.P3 to P5 are the Non-Liability Certificates issued already. The petitioner thereafter approached the Government by filing Ext.P8. Learned counsel for the petitioner prays that the first respondent may be directed to take a decision on Ext.P8 after hearing the petitioner and the 4th respondent. 3. There will be a direction to the first respondent to consider Ext.P8 with notice to the petitioner and respondents 2 and 4, within a period of wpc 31287/2008 2 three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/