IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 WP(C).No. 23367 of 2009(M) --------------------------------------- PETITIONER: ------------------- M.D.JOSEPH, SENIOR SUPERINTEND-TSO (RETIRED), RESIDING AT MANNANCHERIL HOUSE,ONNAPATTU, AYAVANA P.O.,ENANELLOOR,MUVATTUPUZHA. BY ADVS. MR.R.RAJASEKHARAN PILLAI, SMT.SABINA JAYAN. RESPONDENT/RESPONDENTS: --------------------------------------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY,FOOD AND CIVIL SUPPLIES, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 3. THE DIRECTOR, CIVIL SUPPLIES DEPARTMENT,THIRUVANANTHAPURAM. 4. THE ACCOUNTANT GENERAL OF KERALA, THIRUVANANTHAPURAM. R1 TO R4 BY GOVERNMENT PLEADER MR. ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.23367/2009-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT DTD. 22/09/2005 IN O.P. NO. 34892/2001 OF THIS HONOURABLE COURT. EXT.P.2: COPY OF THE JUDGMENT DATED 17/06/08 IN W.A. NO. 2208/05 OF THIS HONOURABLE COURT. EXT.P.3: COPY OF THE PENSION SANCTION LETTER FROM THE R.4. TO THE R.3. DTD. 13/02/2006. EXT.P.3.A: COPY OF THE EXTRACT OF PENSION BOOK OF THE PETITIONER. EXT.P.4: COPY OF THE PROCEEDING DTD. 24/06/2006 OF THE TALUK SUPPLY OFFICER, MUVATTUPUZHA FIXING THE PAY OF THE PETITIONER. EXT.P.5: COPY OF THE PAY AND PENSION CALCULATION MADE BY THE PETITIONER. EXT.P.6: COPY OF THE PROCEEDINGS OF THE R.3. DTD. 05/07/2006 ALONG WITH LETTER TO THE R.4. EXT.P.7: COPY OF THE REVISED PENSION ORDER AND THE VERIFICATION REPORT DTD. 07/11/2008 ISSUED BY THE R.4. EXT.P.8: COPY OF THE REVISION ORDER OF GPO AND THE PENSION AUTHORISATION DTD. 25/03/2009. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. K.SURENDRA MOHAN, J ........................................... WP(C).NO.23367 OF 2009 ............................................ DATED THIS THE 14TH DAY OF JANUARY, 2010 JUDGMENT The complaint of the petitioner is that though he has retired as a Senior Superintendent(TSO) from Civil Service Department on 31.1.2003, his retiral benefits have not been paid. At the time of retirement of the petitioner, there were allegations that the petitioner had overdrawn one increment. The Government have filed a counter affidavit in which it has been stated that the pay of the petitioner has already been fixed and pension has also been sanctioned. In paragraph 5 of the counter affidavit, it has been stated that steps for sanctioning to the petitioner, full pensionary benefits without any undue delay, has already been taken. In view of the above statement, this writ petition can be disposed of directing the respondents to sanction the pensionary benefits of the petitioner on an early date. 2. This writ petition is accordingly disposed of directing the respondents to sanction and disburse to the petitioner, the full pensionary benefits due to him, as expeditiously as possible and at any Wpc 23367/09 2 rate, within a period of three months from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE lgk