IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 3228 of 2009(H) ------------------------- PETITIONER(S): --------------- P.R.RAVEENDRAN NAIR, S/O.A.P.GOVINDA PILLAI, AGED 72 YEARS, RESIDING AT PULICKAL HOUSE, CHETHIMATTAM, PALA 686575. BY ADV. SRI.MANUEL KACHIRAMATTAM SMT.MERRY GEORGE RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE, LOCAL SELF GOVERNMENT INSTITUTIONS. 2. THE DIRECTOR OF URBAN AFFAIRS, OFFICE OF THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF MUNICIPAL ADMINISTRATION OFFICE OF THE MUICIPAL ADMINISTRATION, THIRUVANANTHAPURAM. 4. THE SECRETARY OF MUNICIPALITY PALA, MUNICIPAL OFFICE PALA. 5. THE SECRETARY OF MUNICIPALITY PATHANAMTHITTA, MUNICIPAL OFFICE, PATHANAMTHITTA. ADV. SRI.V.M.KURIAN FOR R4 SRI.V.K.SUNIL FOR R5 BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of the Order bearing No.P5-613/94 dated 31.3.2001 of the 3rd respondent. Exts.P2 and P2(a). True photocopy of the order bearing No.P10-613/94 dated 1.6.2005 and order dated 1.3.2005. Ext.P3 and P3(a) True photocopy of the representation dated 21.11.2007 submitted before the 2nd respondent and the acknowledgment due. Ext.P4 and P4(a). True photocopy of the lawyer notice dated 22.12.2008 and the acknowledgment due. // true copy // P.A to Judge. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.3228 OF 2009 (H) -------------------------------------------------- Dated this the 9th day of November, 2009 J U D G M E N T According to the petitioner, while working as Provisional Municipal Commissioner in the office of the 4th respondent, he retired from service on voluntary retirement, with effect from 31.12.1988. It is his case that by Ext.P1, gratuity of Rs.31,515/- was sanctioned by the 3rd respondent. It is stated that initially an amount of Rs.64,345/- was indicated as his liability and that by Ext.P2, the 2nd respondent has intimated the 5th respondent to reduce the petitioner's liability to Rs.5,200/- and issue a revised LC/NLC in order to enable the petitioner to receive the balance amount of DCRG from the 4th respondent. Complaint of the petitioner is that despite several requests that he made to the 5th respondent, so far revised LC/NLC has not been issued in pursuance to Ext.P2. 2. There is no counter affidavit filed by the 5th respondent. 3. None has a case that Ext.P2 is no longer in force. If that be the case, necessarily the 5th respondent has to issue revised WPC.No.3228 /09 :2 : LC/NLC in pursuance to Ext.P2. This apparently was the only reason for delay in the disbursement of DCRG by the 4th respondent. Therefore the writ petition is disposed of with the following directions. Petitioner shall produce a copy of the judgment before the 5th respondent, who shall within two weeks thereof issue revised LC/NLC in pursuance to Ext.P2 order of the 2nd respondent. On receipt of LC/NLC as above, the 4th respondent shall disburse the balance amount of DCRG to the petitioner without any further delay. (ANTONY DOMINIC) JUDGE vi/