IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 9TH DECEMBER 2009 / 18TH AGRAHAYANA 1931 WP(C).No. 28260 of 2008(L) ------------------------------------- PETITIONER(S): --------------------- P.N.SASIDHARAN, PLOT NO.50, SOUPARNIKA, PRIYADARSHINI NAGAR, PARAVATTANY, THRISSUR -5 RETIRED EXECUTIVE ENGINEER, KSHB, THRISSUR DIVISION . BY ADV. MR.B.MANIMOHAN RESPONDENT(S): ------------------------- 1. KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM REP.BY ITS SECRETARY. 2. THE SECRETARY, KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM. R1 & R2 BY ADV. MR.A.JAYASANKAR, SC KSHB, TVM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.28260/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE RELIEVING ORDER NO.351/2000 DTD. 24.2.07 ISSUED BY THE REGIONAL ENGINEER, K.S.H.B., KOCHI. P2:- COPY OF THE CHARGE HANDING OVER RECORD DTD. 28.2.07. P3:- COPY OF THE GOVT. CIRCULAR NO.31/85/FIN. DTD. 10.4.85. P4:- COPY OF THE GOVT. CIRCULAR NO.50/87/FIN.D TD. 9.7.87. P5:- COPY OF THE GOVT. CIRCULAR NO.61/91/FIN. DTD. 4.11.91. P6:- COPY OF THE GOVT. CIRCULAR NO.37/96/FIN. DTD. 12.6.96. P7:- COPY OF THE LETTER NO.A2-1333/PNCHRY/PAZHR/1995 DTD. 31.7.95 OF THE EXE. ENGINEER, THRISSUR DIVISION. P8:- COPY OF THE LETTER DTD. 2.8.95 OF THE PETITIONER. P9:- COPY OF THE LETTER NO.E/8125/TSR/2003 DTD. 21.5.09 OF THRISSUR DIVISION TO THE DEPUTY SECRETARY (ADMINISTRATION) OF THE RESPONDENT BOARD. P10:- COPY OF THE LETTER NO.E1/578/05 DTD. 17.4.09 OF PALAKKAD DIVISION OFFICE TO THE DEPUTY SECRETARY (ADMN), OF THE RESPONDENT BOARD. P11:- COPY OF THE LETTER NO.E1/EE/3172/93 DTD. 5.6.09 OF KANNUR DIVISION ADDRESSED TO DEPUTY SECRETARY, (ADMN) OF THE RESPONDENT BOARD. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE MEMO OF CHARGES DTD. 7.2.03. R1(B):- COPY OF THE CAUSE NOTICE DTD. 26.2.07. R1(C):- COPY OF THE EXPLANATION DTD. 15.5.07 OFFERED BY PETITIONER. R1(D):- COPY OF THE ORDER DT. 14.10.08 GRANTING PROVISIONAL PENSION. TRUE COPY P.S. TO JUDGE tss ANTONY DOMINIC, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 28260 of 2008 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 9th day of December, 2009 JUDGMENT Subject matter of this writ petition is the non-payment of retiral benefits due to the petitioner. Pursuant to the orders passed by this Court, the respondents have passed order dated 10-11-2009 quantifying the liability of the petitioner at Rs.1,89,827/-. It is stated that withholding the said amount, balance will be released to the petitioner and that the liability will be reviewed, depending upon the audit reports and the report of the V.A.C.B. 2. Therefore, this writ petition is disposed of with the following directions:- 1) That the amount admittedly due to the petitioner, after appropriating the liability mentioned in the order dated 10-11- 2009, will be released to him without any further delay. 2) On receipt of the audit report and report of V.A.C.B., if the respondents propose to confirm any liability against the petitioner, before final orders are passed, the petitioner shall be W.P.(C) No. 28260/08 2 put on notice and shall be given a reasonable opportunity to be heard in the matter. 3) The claim for interest is left open. ANTONY DOMINIC, JUDGE. mn.