IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 30TH SEPTEMBER 2010 / 8TH ASWINA 1932 WP(C).No. 30035 of 2010(D) -------------------------- PETITIONER(S): ----------------------- M.MONY, PANAYAILPUTHEN VEEDU, KARIKODE, T K M COLLEGE P.O., KOLLAM-5, (WATCHMAN, T K M COLLEGE OF ENGINEERING, OFFICE I D NO.40302013, KOLLAM-691 005). BY ADVS. SRI.INNOCENT FRANCIS PAPALI SRI.A.D.SHAJAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DIRECTOR, HIGHER SECONDARY EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695 001. 3. THE PRINCIPAL, T K M COLLEGE OF ENGINEERING, KOLLAM-691 005. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jvt K.T.SANKARAN, J. ------------------------------ W.P.(C).No.30035 OF 2010 ------------------------------ Dated this the 30th day of September, 2010 JUDGMENT The petitioner while working as Watchman in T.K.M.Engineering College, applied for availing Voluntary Retirement Scheme (for short 'VRS') in December, 2009. It is stated that the third respondent-Principal approved the same and the petitioner retired from service on VRS on 31st March, 2010. The Principal of the College forwarded the VRS request to the Director, Higher Secondary Education Department. The grievance of the petitioner is that in spite of the fact that he approached the authority on several times, he was not granted the pensionary benefits. It is stated by the petitioner that he was constrained to take VRS on account of the fact that he was finding it difficult to discharge the debts availed by him for his daughter's marriage. Though VRS was availed, the petitioner did not get the required benefits of pensionary claims and therefore, the very purpose W.P.(C).No.30035 OF 2010 2 of availing VRS was not achieved, says the petitioner. The petitioner submitted Ext.P2 representation dated 24.9.2010, to the Director of Higher Secondary Education Department to disburse pension and other VRS benefits expeditiously. Ext.P2 is pending disposal. 2. The reliefs prayed for by the petitioner in the Writ Petition are the following: “a) issue a writ of mandamus or any other writ order, direction to the respondents to sanction the pension and Voluntary Retirement Scheme benefits of the petitioner expeditiously. b) direct the 2nd respondent to dispose of Ext.P2 representation expeditiously. c) declare that the delay and laches on the part of the respondents in sanctioning the retirement benefits are illegal and arbitrary. d) to direct the respondent to pay interest at the rate of 18% per annum till date of payment towards the delay in disbursal of pensionary benefits. e) to issue any other order or direction as this Hon'ble Court may deem fit in the facts and circumstances of this case”. W.P.(C).No.30035 OF 2010 3 3. The learned counsel for the petitioner submitted that for the time being, the petitioner would be satisfied if relief No.(b) is granted leaving open the other claims of the petitioner put forward by him in the Writ Petition. The request is just and reasonable. The counsel also pointed out that if any delay occurs in the matter of granting VRS benefits due to unforeseen reasons, atleast the admitted pension may be granted to the petitioner. 4. Taking into account the peculiar facts and circumstances of the case and also taking note of the case put forward by the petitioner which compelled him to avail VRS, I am of the view that an expeditious disposal of Ext.P2 is required. The second respondent shall also consider the question of granting admitted pension, pending disposal of Ext.P2 representation and the disbursement of VRS benefits. W.P.(C).No.30035 OF 2010 4 Accordingly, the Writ Petition is disposed of as follows: a) The second respondent shall consider and dispose of Ext.P2 representation as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment. b) Since the petitioner wants an expeditious disposal on Ext.P2, he waives the right of hearing before the second respondent. c) The Writ Petitioner shall produce a certified copy of the judgment and copy of the Writ Petition before the second respondent. W.P.(C).No.30035 OF 2010 5 d) If any delay occurs in disbursement of VRS benefits, the second respondent shall pass appropriate orders for the grant of admitted amount of pension to the petitioner. K.T.SANKARAN, JUDGE. cms