IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 WP(C).No. 4300 of 2009(J) -------------------------------------- PETITIONER(S): ----------------------- U.K. VELAYUDHAN, S/O. KURUMBAN, ADDL. SECRETARY TO GOVERNMENT (RETIRED), T.C. 15/376, HOUSE NO. 179, C.S.M. NAGAR, EDAPPAZHANJI, SASTHAMANGALAM P.O., THIRUVANANTHAPURAM 695 010. BY MR.P.SANTHALINGAM, SENIOR ADVOCATE BY ADVS. MR.RAJESH. K.RAJU SMT.JESSY S.SALIM RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY, GENERAL ADMINISTRATION, DEPARTMENT (SPECIAL B), SECRETARIAT, THIRUVANANTHAPURAM. 3. THE ACCOUTANT GENERAL (A & E), THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER MR.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2009, ALONG WITH WPC NO. 16661 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO.4300/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPLICATION DTD. 1.1.07 SUBMITTED BY THE PETITIONER BEFORETHE CHIEF SECRETARY TO GOVERNMENT GENERAL ADMINISTRATION DEPARTMENT SECRETARIATE, THIRUVANANTHAPURAM. P2:- COPY OF THE LETTER NO.63086/SPL.B1/04/GAD DTD. 1.9.05 SENT BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMN. (SPL. B) DEPT, THIRUVANANTHAPURAM TO THE 3RD RESPONDENT. P3:- COPY OF THE RELEANT EXTRACT OF THE DULY FILLED IN PENSION BOOK SUBMITTED BY THE PETITIONER. P4:- COPY OF THE REPRESENTATION DTD. 27.5.08 SUBMITTED BY THE PETITIONER BEFORE THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT. P5:- COPY OF THE LETTER ISSUED BY 3RD RESPONDENT TO THE PRL. SECRETARY TO GOVT., FINANCE DEPT. , THIRUVANANTHAPURAM. P6:- COPY OF THE ORDER NO.G.O.(RT) NO.3731/09/FIN. DTD. 18.5.09 RECEIVED BY THE PETITIONER FROM THE FINANCE (PENSION A) DEPARTMENT. TRUE COPY P.S. TO JUDGE tss ANTONY DOMINIC, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) Nos. 4300 and 16661 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 10th day of December, 2009 JUDGMENT Petitioner was an Addl. Secretary to Government of Kerala. 2. On attaining the age of superannuation, he retired from service on 31-12-2004. Ext.P1 in W.P.(C) No.4300 of 2009 shows that the petitioner submitted his pension papers on 1-1-2007. Despite this and the representations that were made, benefits were not disbursed and therefore, he filed W.P.(C) No.4300 of 2009. In the said writ petition this Court passed an oder dated 17-6-2009 directing payment of provisional pension. During its pendency, by Ext.P6 D.C.R.G. has been sanctioned, but has not been paid. 3. Again during the pendency of the writ petition, petitioner was issued notice dated 26-2-2009 proposing to reduce his pension by Rs.100/- in terms of rule 59(b) of Part III of the K.S.R. On receipt of the notice, he filed his explanation and thereafter approached this Court by filing W.P.(C) W.P.(C) No. 4300/09 & con. case 2 No. 16661 of 2009, challenging Ext.P5 notice and obtained an interim order restraining the respondents from proceeding with the matter. 4. Thus, as at present, in spite of the fact that the petitioner retired retired from service almost five years ago, he has not been paid retiral benefits other than provisional pension. At this stage the only proceeding that is against him is Ext.P5 referred to above and nothing else. Therefore, so long as the proceedings are not finalized, the petitioner is entitled to be paid pension. Therefore, at this stage the petitioner is entitled to be paid pension, D.C.R.G. and other benefits, which shall be paid without delay. 5. However, the learned Government Pleader points out that Non Liability Certificates are yet to be received and if that be so, benefits can be released only on production of non liability certificates from the respective offices. Therefore, these writ petitions are disposed of with the following directions:- Within four weeks of receipt of non liability certificates from the respective offices, the respondents will ensure that the petitioner is paid full pension and D.C.R.G. and other benefits due to him. However, payment of pension will be subject to the right of the respondents to finalize the proceedings, pursuant to Ext.P5 show cause notice referred to above and W.P.(C) No. 4300/09 & con. case 3 the contentions of the petitioner as against such proceedings are left open. ANTONY DOMINIC, JUDGE. mn.