IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 25TH SEPTEMBER 2008 / 3RD ASWINA 1930 WP(C).No. 5574 of 2008(L) -------------------------------------- PETITIONER: -------------------- CHANDRAN, AGED 57 YEARS, S/O.KRISHNAN, PALLIKATTIL HOUSE, VALAPPAYA P.O., THRISSUR DT. (RETIRED DRIVER, VAIDYARATNAM AYURVEDA COLLEGE OLLUR, THAIKKATTUSSERY). BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENTS: ------------------------- 1. PRINCIPAL, VAIDYARATNAM AYURVEDA COLLEGE, OLLUR, THAIKKATTUSSERY. 2. ACCOUNTANT GENERAL (A & E) KERALA, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY SECRETARY DEPARTMENT OF HEALTH, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.M.B.PRAJITH FOR R1 BY GOVERNMENT PLEADER SMT. T.B.REMANI – R2 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5574/2008 L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PENSION PAYMENT ORDER OF THE ACCOUNTANT GENERAL DTD. 16/10/06. EXT.P2: COPY OF THE STATEMENT SHOWING PROVIDENT DUE TO THE PETITIONER. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 5574 OF 2008 (L) = = = = = = = = = = = = = = = Dated this the 25th day of September 2008 J U D G M E N T In this writ petition, the petitioner who was working as a driver in the Vaidyaratnam Ayurveda College, is complaining of non- receipt of his terminal benefits. According to him, the whole issue arose because of the delay on the part of the 1st respondent in forwarding the non-liability certificate to the 2nd respondent. 2. Shri. M.B. Prajeth, counsel appearing for the 1st respondent, on instructions, submits that non-liability certificate has already been forwarded, but however, no material has been made available in support of this submission. Therefore, if non-liability certificate has not been forwarded, the 1st respondent shall do so, particularly in view of the fact that the petitioner has retired as early as on 30.11.2006 and even as of now, he has not received any of the retirement benefits. 3. Therefore, the writ petition is disposed of directing that the W.P.(C) No. 5574 OF 2008 -2- 1st respondent shall forward the non-liability certificate to the 2nd respondent as expeditiously as possible, at any rate, within 6 weeks of production of a copy of this judgment. Needless to say that the 2nd respondent shall process the same in accordance with law, without delay. ANTONY DOMINIC JUDGE jan/-