IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 20TH OCTOBER 2009 / 28TH ASWINA 1931 WP(C).No. 20610 of 2009(U) -------------------------- PETITIONER(S): --------------- RAJESWARI AMMA, W/O.LATE K.G.RAVIKUMAR, MADATHIL PUTHEN VEEDU, NAMPARUVIKALA, ALUMKADAVU P.O., KARUNAGAPPALLY TALUK, KOLLAM DISTRICT. BY ADV. SRI.N.VIMALAN RESPONDENT(S): --------------- TRAVANCORE DEVASWOM BOARD, REPRESENTED BY DEVASWOM COMMISSIONER, THIRUVANANTHAPURAM. ADV. SRI.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE FOR R SRI.P.GOPAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.20610/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF REPRESENTATION DATED 17/06/2009 SUBMITTED BY THE PETITIONER. RESPONDENT'S EXHIBITS R(a) : COPY OF LIABILITY STATEMENT ALONG WITH LETTER OF THE ASSISTANT DEVASWOM COMMISSIONER DATED 09/07/2008. R(b) : COPY OF EXPLANATION SUBMITTED BY RAVIKUMAR ALONG WITH STATEMENT. R(c) : COPY OF REMARKS OF THE FINANCE AND ACCOUNTS OFFICER DATED 01/11/2008. R(d) : COPY OF STATEMENT GIVEN BY K.G.RAVIKUMAR BEFORE THE FINANCE AND ACCOUNTS OFFICER ON 17/10/2005. R(e) : COPY OF REMAKRS OF THE FINANCE AND ACCOUNTS OFFICER DATED 15/07/2009. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.20610 of 2009 --------------------------------- Dated, this the 20th day of October, 2009 J U D G M E N T The petitioner's husband, Mr.Ravikumar, was a Sub Group Officer under the respondent. He retired from the service on 31/10/2005, and expired on 28/05/2009. In this writ petition, complaint is that terminal benefits have not been paid either during the life time of the deceased or thereafter to his legal representatives. According to the petitioner, this is for the reason that the deceased had certain liabilities to the respondent, and in this writ petition, what she prays is that out of the terminal benefits, that are due, after realising the liability, the balance should be paid to the petitioner. The learned standing counsel appearing for the respondent refers to the counter affidavit filed and submits that the deceased did not submit pension paper and it was only the petitioner, who submitted the pension papers after the expiry of the deceased. It is stated that the liability due from the deceased has been quantified WP(C) No.20610/2009 -2- and Rs.3,16,201.41 is the liability due. It is also stated that the papers are being processed, and once the procedural formalities are completed, the amount due to the petitioner will be quantified and released to the legal representatives. The petitioner does not even dispute the liability or the amount that is quantified by the Board. Therefore, what remains is that the respondent should complete the process and quantify the dues and release the balance amount due to be released after realising the liability of the deceased. This the respondent shall do as expeditiously as possible, at any rate, within two months of production of a copy of this judgment. Needless to say that other benefits that are due to the legal representatives will also be released including family pension. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg