IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 13947 of 2009(K) --------------------------------------- PETITIONER(S): ---------------------- K. MOHANDAS, 60 YEARS, S/O. M. NARAYANA KURUP, RETD., ASSISTANT SUB INSPECTOR OF POLICE, 'KAMINI' HOUSE NO. 13/150, SEKHARIPURAM, PALAKKAD. BY ADV. MR.U.BALAGANGADHARAN RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REP. BY SECRETARY, HOME DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. THE DISTRICT SUPDT. OF POLICE, PALAKKAD. R1 TO R3 BY SR. GOVERNMENT PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.13947 of 2009 -------------------------------------- Dated 23rd June, 2009 JUDGMENT Heard Sri.U.Balagangadharan, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is a pensioner. He retired from service on 30.9.2004 while working as Assistant Sub Inspector of Police at Malampuzha. In this writ petition, the petitioner's grievance is that though the terminal benefits have been disbursed to him, the amounts due under the Family Benefit Scheme have not so far been disbursed. As directed by this Court, the third respondent has filed a statement dated 16.6.2009 explaining the delay in payment of amounts payable to the petitioner under the Family Benefit Scheme. Paragraphs 2 and 3 of the said statement read as follows: “2. In this case, the petitioner entered into service on 01.04.1968. While working in this District, he was transferred to Vigilance Unit and relieved from this District on 07.10.1979, and received back from Vigilance and Anti Corruption Bureau, to Palakkad District during 10/83. His consolidated Family Benefit Scheme account had already transferred to Vigilance Department. The Family Benefit Scheme consolidated account in respect of the petitioner up to 10/83 has been forwarded to this office by Vigilance Department. Further, he was transferred to CB CID during WP(C).No.13947/2009 2 01.11.1986 till 01/95. Later, his Family Benefit Scheme account up to 10/86 was sent to Additional Director General of Police, Crimes, Thiruvananthapuram. Again, he was received on transfer from CBCID to Palakkad District and reported during 02/1995. His Family Benefit Scheme consolidated up to 01/1995 was received from Additional Director General of Police, Crimes, Thiruvananthapuram. Later, he was transferred to CBCID unit and worked there from 01/1996 to 06/2002. His Family Benefit Scheme consolidated account up to 12/1995 has been forwarded to the Additional Director of Police, Crimes, Thiruvananthapuram. Later, his consolidated account of Family Benefit Scheme up to 06/2002 was received from the Additional Director General of Police, Crimes, Thiruvananthapuram. Director General of Police, Kerala, Thiruvananthapuram had also reminded the Director, Vigilance and Anti Corruption Bureau, Thiruvananthapuram on 03.06.2009 for furnishing the statement. 3. As per Government Circular No.30/90 Fin. Dated 04.05.1990, his month-war Family Benefit Scheme deduction statement are to be obtained from the concerned units for the preparation of his Family Benefit Scheme statement for forwarding the same to Government for final settlement. His month-war deduction statement for the period from 10/1979 to 02/1981 and 04/1983 to 10/1983 has not been received so far from the Director, Vigilance and Anti Corruption Bureau, Thiruvananthapuram, despite repeated reminders. The month-war deduction statement will be forwarded to Government for sanctioning his Family Benefit Scheme final statement without further delay, on receipt of the same from the Director, Vigilance and Anti Corruption Bureau, Thiruvananthapuram. The Writ Petition may therefore be disposed of.” WP(C).No.13947/2009 3 In my opinion, the respondents have given adequate explanation for the delay in disbursement of the amount due to the petitioner under the Family Benefit Scheme. The statement also discloses that the respondents are taking steps to disburse the amounts due to the petitioner under the Family Benefit Scheme. In such circumstances, I dispose of this writ petition with a direction to the Director of Vigilance and Anti Corruption Bureau to forward the deduction statement for the period from 10/1979 to 02/1981 and for the period from 04/1983 to 10/1983 to the Superintendent of Police, Palakkad, for onward transmission to the Government within one month from the date on which the petitioner produces a certified copy of this judgment before him. The Superintendent of Police, Palakkad shall on receipt of the statement from the Director of Vigilance and Anti Corruption Bureau forward the same to the Government within two weeks thereafter, together with the connected records. The Government shall within one month from the date of receipt of the records from the Superintendent of Police, Palakkad pass orders according sanction for payment of the amounts due to the petitioner under the Family Benefit Scheme. Payment shall WP(C).No.13947/2009 4 be made expeditiously thereafter and in any event within one month from the date on which the Government accords the necessary sanction. P.N.RAVINDRAN Judge TKS