IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 WP(C).No. 32642 of 2008(J) ---------------------------------------- PETITIONER(S): ------------------------ M.V.KRISHNAN, SENIOR ASSISTANT (RETD), KERALA STATE WAREHOUSE CORPORATION, NILESWAR, NOW RESIDING AT MANJU NIVAS, VELAYI, NEDIYENGO P.O., SREEKANDAPURAM, KANNUR. BY ADV. SRI.BLAZE K.JOSE RESPONDENT(S): ---------------------------- 1. KERALA STATE WAREHOUSING CORPORATION, ERNAKULAM, COCHIN-16. REP. BY ITS MANAGING DIRECTOR. 2. THE CHAIRMAN, KERALA STATE WARE HOUSING CORPORATION, ERNAKULAM, COCHIN-16. ADV. SRI.MAJNU KOMATH, SC, K.S.W.C. FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.32642/2008 J APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PUNISHMENT ORDER ISSUED BY THE 1ST RESPONDENT DTD. 22/06/2004. EXT.P2: COPY OF THE CIRCULAR DTD. 19/07/2004. EXT.P3: COPY OF THE NOTICE NO.KSWC/ADMN/DA 116/MVK/2005-06 DTD. 21/06/2005 ISSUED BY THE 1ST RESPONDENT. EXT.P4: COPY OF JUDGMENT IN W.P.NO.20364 OF 2005 DTD. 8/07/2005. EXT.P5: COPY OF ORDER OF THE 2ND RESPONDENT DTD. 27/06/2007. EXT.P6: COPY OF REPRESENTATION DTD. 24/05/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.32642 of 2008 -------------------------- Dated this the 15th January,2009 J U D G M E N T The petitioner was an employee under the 1st respondent Corporation. He retired from service on superannuation on 31.8.2004. The grievance raised by the petitioner in this writ petition is in respect of the denial of monthly pension due to him. So far the same has not been sanctioned and disbursed to him. 2. Heard learned counsel for the petitioner and learned standing counsel for the respondents. Going by the averments in the writ petition there were disciplinary proceedings against him which culminated in an order of punishment as per Exhibit-P1. The petitioner was imposed with punishment of reduction to the post of Senior Assistant and recovery of the pecuniary loss of Rs.7,34,045/-. He challenged the same in appeal before the appellate authority and the appeal was disposed of as per Exhibit-P5 order dated 27.6.2007. Punishment W.P ( C) No.32642 of 2008 2 regarding reduction to the post of Senior Assistant was confirmed and order to recover the pecuniary loss of Rs.7,34,045/- was quashed. A reading of Exhibit-P5 shows that there is a specific finding to the effect that petitioner is not responsible for the abnormal shortage of 49.897 MT of copra in the State Warehouse, Vadakara. There is a further observation that the Corporation shall conduct a re-enquiry into the whole issue to find out whether any employee of the Corporation is responsible for causing pecuniary loss to the corporation on account of the abnormal shortage of copra in the State Warehouse, Vadakara. 3. Learned standing counsel for the respondents submitted that since further enquiry was ordered action could not be taken for disbursing pension to the petitioner. 4. It is clear from Exhibit P5 that he was has been exonerated from meeting the alleged pecuniary loss. His complexity for shortage is not found also. Going by the findings entered in Exhibit-P5 as the petitioner has not W.P ( C) No.32642 of 2008 3 been found responsible for the shortage of copra, enquiry as to the complexity of any employee need not deter the respondents from sanctioning his pension and disbursement of the same. In that view of the matter, there will be a direction to the respondents to sanction monthly pension which can be admitted in the case of the petitioner, within a period of six weeks from the date of receipt of a copy of this judgment. Arrears as on the date of sanction of pension shall also be disbursed within a further period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No Costs. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.32642 of 2008 4 W.P ( C) No.32642 of 2008 5