IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 WP(C).No. 37962 of 2008(T) -------------------------- PETITIONER(S): --------------- ELIZAMMA COILO, W/O.REGINALAD MAXWELL, AGED 56 YEARS, DEPUTY CHIEF REGISTRARA (BIRTHS & DEATHS) (RETIRED), OFFICE OF THE DIRECTOR OF PANCHAYATS, TRIVANDRUM (RESIDING AT MULLAVELI HOUSE, P.O. VADUTHALA, ERNAKULAM, KOCHI-682 023). BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA SRI.M.SAJJAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT SECRETARIAT, TRIVANDRUM. 2. THE ADDITIONAL CHIEF SECRETARY (VIGILANCE & ANTI CORRUPTION), TRIVANDRUM. 3. THE DIRECTOR OF PANCHAYATS, TRIVANDRUM. 4. THE SECRETARY, CHERANELLUR GRAMA PANCHAYATH, P.O. CHITTUR, ERNAKULAM DISTRICT. GOVERNMENT PLEADER, SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.37962/2008-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 13th day of January, 2009 J U D G M E N T The petitioner retired from service on 28/02/2007 while working as Deputy Chief Registrar (Births and Deaths) from the office of the Director of Panchayats. After his retirement, the Accountant General has sanctioned due retirement benefits as per Ext.P1. But the gratuity is withheld due to the pendency of the proceedings No.D2/22812/05 of the Director of Panchayats (Ext.P2). Ext.P2 contains certain allegations against the petitioner for which she has already submitted Ext.P4 explanation. It is stated that the Director has already submitted a report to the Government in this regard. Apart from the report submitted by the Director, the District Collector also submitted a report to the Government on 24/01/2008. 2. Ext.P5 shows the Director had issued a notice to the petitioner to submit her objection to the provisional decision to recover an amount of Rs.40,279/- and Rs.14,632/- towards the loss caused to the Cheranellur Grama Panchayat while she was working as Secretary in the said Grama Panchayat. It was followed by other communications, namely, Exts.P6 to P9. By Ext.P10 passed by the Panchayat Committee they have resolved that the petitioner has discharged her duties properly and diligently and the W.P.(C) No.37962/2008 -:2:- decision to recover the amounts from the petitioner is not proper. Ext.P11 shows that only provisional pension and commuted value of pension have been sanctioned to her and final pension and D.C.R.G are not paid to her because of the pending departmental action. 2. The petitioner is in urgent need of money which is required for the treatment of her husband who is suffering from brain tumer. In these circumstances, she has approached the respondents by Exts.P13 and P14 representations. The facts stated in the writ petition show that the proceedings initiated against the petitioner are still pending without any finalisation even though she retired from service on 28/02/2007 i.e., nearly two years before. Therefore, the matter cannot be kept indefinitely without finalising the same in accordance with law. Apart from that a retired employee cannot be denied the due benefits merely because of the pendency of the proceedings initiated while she was in service. Admittedly, the proceedings did not end in adverse orders against her so far. In that view of the matter, there will be a direction to the first and third respondents to consider Exts.P13 and P14 pending before them within a period of two months from the date of receipt of the copy of this judgment and pass W.P.(C) No.37962/2008 -:3:- appropriate orders for enabling the petitioners to draw pension and D.C.R.G. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms