IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 WP(C).No. 5478 of 2008(B) ------------------------- PETITIONER: ---------------------- M.M.THANKAN, MATTATHIL HOUSE MULAKULAM NORTH P.O., PIRAVOM-686 664 RETIRED STORE SUPERINTENDENT IN MEDICAL COLLEGEHOSPITAL, KOTTAYAM. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU RESPONDENTS: ------------------------ 1. THE DIRECTOR OF HEALTH SERVICES TRIVANDRUM. 2. THE DISTRICT MEDICAL OFFICER OF HEALTH KOTTAYAM. 3. THE SUPERINTENDENT MEDICAL COLLEGE HOSPITAL, GANDHI NAGAR, KOTTAYAM. 4. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH DEPARTMENT SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.5478 of 2008 ------------------------- Dated this the 3rd day of March, 2008. JUDGMENT The petitioner, who retired on 31.12.2004, is aggrieved by the non-disbursal of retirement benefits due to him. 2. Learned Government Pleader, on instructions, submits that no liability, as such, has been fixed as against the petitioner. 3. It is evident from Ext.P1 that pension and Death Cum Retirement Gratuity has been sanctioned by the Accountant General. 4. The Department cannot withhold the Death Cum Retirement Gratuity beyond a period of three years from the date of retirement. In the circumstances, the writ petition is disposed of directing the 1st respondent to take steps to authorize payment of Death Cum Retirement Gratuity and pension payable to the petitioner as per Ext.P1, revised by Ext.P4, within one month from the date of receipt of a copy of this judgment. This will be without prejudice to the right of the W.P.(C).NO.5478/08 :: 2 :: respondents to recover any loss that may have been occasioned to the Government at the hands of the petitioner. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge