IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR WEDNESDAY, THE 13TH JUNE 2007 / 23RD JYAISHTA 1929 WP(C).No. 22142 of 2004(J) ------------------------------------ PETITIONER: ------------------ J.SIDHARDHAN, `SUBHALEKSHMI', R.C.STREET, BALARAMAPURAM, THIRUVANANTHAPURAM-695 501.(RTD. FOREST RANGE OFFICER) BY ADV. SRI.B.RAGUNATHAN SRI.V.V.MATHEW SRI.M.SALIM RESPONDENTS: --------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, FOREST AND WILD LIFE DEPARTMENT,GOVT.SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. CHIEF CONSERVATOR OF FORESTS (ADMN.), THIRUVANANTHAPURAM-695 014. BY GOVERNMENT PLEADER SRI. P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 22142/2004 J APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE LETTER NO.B2. 5151/90 DT. 2/4/98 OF THE CONSERVATOR OF FORESTS, PALAKKAD. EXT.P2. COPY OF THE LETTER NO. A1. 3704/96 DT. 16/11/98 OF THE DIVISIONAL FOREST OFFICER, NEMARA. EXT.P3. COPY OF THE REPRESENTATION DT. 26/11/93 TO THE SECRETARY, LEGISLATIVE PENSIONPETITION COMMITTEE. EXT.P4. COPY OF THE GO DT. 25/1/02. EXT.P5. COPY OF THE LETTER NO. 11925/A2/87/F&WLD DT. 27/1/89 OF THE R1. True copy tga K. BALAKRISHNAN NAIR, J. --------------------------------- W.P.(C) No.22142 of 2004 (J) --------------------------------- Dated this the 13th June, 2007. JUDGMENT The petitioner has approached this Court, challenging Ext.P1 order, by which the death-cum- retirement gratuity of Rs.22,940/- due to him was adjusted towards his liability of Rs.64611.39 and he was directed to remit the balance amount of Rs.42,671.39/ The petitioner retired from service on 31.3.1984. When there was inordinate delay in granting the pensionary benefits due to him, he approached this Court by filing O.P.5757 of 1986. The Original Petition was disposed of on 4.10.1989, directing the petitioner to file a representation and the competent authority to consider the same. The petitioner submits that no action was taken by the respondent on his representation, or on his claim. Finally, in 1997, pension was released to him after fixing the liability. In the light of the said decision, Ext.P1 was issued. Soon thereafter, based on the directions of the Petitions Committee of the Legislature, the Government decided to write off the WP(C)22142/2004 : 2 : balance liability, after adjusting the death-cum- retirement gratuity. Ext.P4 is the said order dated 25.1.2002. This writ petition is filed challenging Ext.P1 order and also seeking a direction to disburse the death-cum-retirement gratuity due to him, with 12% interest per annum, from 1.6.1984 till the date of payment. The main contention of the petitioner is that the claim against the petitioner is hopelessly barred by limitation and, therefore, the confiscation of his death- cum-retirement gratuity is illegal and untenable. 2. The respondents have filed counter affidavit, supporting the impugned proceedings and the steps taken by them. 3. Heard the learned counsel on both sides. 4. I feel, both sides are guilty of delay and laches. There was inordinate delay on the part of the respondents to settle the claim of the petitioner. The petitioner is also equally guilty of delay and laches in challenging the order adverse to him. The death-cum- retirement gratuity due to him was appropriated by Ext.P1 order passed in 1998. This petition, which should have been filed within three months from the date of the order, is filed only in 2004. WP(C)22142/2004 : 3 : 5. Regarding the merits of the claim, the petitioner does not have any case. He banks mainly on technical grounds. I am not impressed by the said contentions. 6. The petitioner has got yet another claim. It relates to the salary payable to him for the period from 11.9.1975 to 3.12.1976, the period during which he was under suspension. As per the order regularising the said period, he is eligible to get 80% of the salary less subsistence allowance already paid. It is submitted in the counter affidavit that the said amount has not been paid to him so far. The 2nd respondent is directed to pay the said amount due to the petitioner, within three months from the date of production of a copy of this judgment, with interest at the rate of 6% per annum from the date of filing of this writ petition. Writ petition is disposed of as above. K. BALAKRISHNAN NAIR, JUDGE. vav.