IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH FEBRUARY 2011 / 25TH MAGHA 1932 WP(C).No. 1031 of 2011(D) -------------------------------- PETITIONER(S): ------------------- M.A. SAMEED, RETD. EXECUTIVE ENGINEER, WATER RESOURCES DEPT., DARUSEENATH, K.S. PURAM.P.O, KARUNAGAPPALLY, KOLLAM. BY ADVS. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENT(S): --------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 1. 2. THE CHIEF ENGINEER (IRRIGATION & ADMINISTRATION), OFFICE OF THE CHIEF ENGINEER (I&A), THIRUVANANTHAPURAM - 1. 3. THE ACCOUNTS GENERAL, KERALA, THIRUVANANTHAPURAM. BY GOVT.PLEADER SRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 1031 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of February, 2011 J U D G M E N T The petitioner retired from service on 31.3.2010. His grievance in this writ petition is that retirement benefits due to the petitioner have not been disbursed to him yet. According to the petitioner, although disciplinary proceedings were initiated against him, the disciplinary proceedings were finalised even prior to the petitioner's retirement, imposing a punishment on him. Thereafter he was reinstated in service by Ext.P4 dated 09.11.2007. Although the petitioner reported for joining duty, the petitioner was allowed to join duty only on 10.12.2007 by Ext.P5. The period of service between 09.11.2007 and 10.12.2007 have not been regularised also. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs: “i) issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to forthwith disburse the pensionary benefits due to the petitioner W.P.(C)No. 1031 of 2011 -2- including commuted value of pension, D.C.R.G., arrears of monthly pension and monthly pension along with 9% interest. ii) issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to disburse to the petitioner the salary for the period from 09-11- 2007 to 10-12-2007 forthwith. iii) declare that the action of the respondents in not disbursing the one month salary due to the petitioner for the period from 09-11-2007 to 10-12-2007 and the pensionary benefits due to the petitioner is illegal, unconstitutional and violative of Articles 14 and 21 of the Constitution of India.” 2. The learned Government Pleader on instructions submits that the question of regularisation of the period of service between 09.11.2007 and 10.12.2007 is pending consideration by the Government and the Government would require some more time to complete the proceedings in respect of the same. The learned counsel for the petitioner points out that the petitioner is a cancer patient and he badly needs money for his treatment. 3. Having considered the rival contentions in detail, I dispose of this writ petition with the following directions: The 1st respondent shall pass orders on the question of regularisation of the petitioner's service for the period from W.P.(C)No. 1031 of 2011 -3- 09.11.2007 to 10.12.2007 as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment. All retirement benefits due to the petitioner shall be disbursed to him within a further period of one month from the date when the Government passes orders on the question of regularisation of the period of service from 09.11.2007 to 10.12.2007. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/