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. 35953 of 2008(E) -------------------------- PETITIONER: --------------- KANNAN RAJAN, S/O.LATE KANNAN, AGED 59, NIKARTHIL HOUSE, PALLURUTHY, KOCHI. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENT: --------------- SECRETARY, COCHIN CORPORATION, ERNAKULAM. ADV. SRI.K.ANAND, SC, COCHIN CORPN. FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35953 of 2008 -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1: PHOTOCOPY OF THE REPRESENTATION WITHR EPORT OF THE HEALTH INSPECTOR DATED 20.9.2006 EXT.P2: PHOTOCOPY OF THE LETTER OF THE SECRETARY OF CORPORATION OF COHIN EMPLOYEES CO-OPERATIVE SOCIETY LTD DATED 8.7.2008 EXT.P3: PHOTOCOPY OF THE LETTER OF MATTANCHERY SC/ST SERVICE CO-OPERATIVE SOCIETY LTD DATED 24.9.2008 /TRUE COPY/ P.A. TO JUDGE T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.35953 of 2008 -------------------------- Dated this the 13th January,2009 J U D G M E N T The petitioner is the husband of Smt.Kunjan Pennamma who died in harness on 10.6.2005. This writ petition has been filed seeking for a direction to the respondent to release the gratuity, family pension, earned leave etc., due to her. 2. Respondent has filed a counter affidavit. It is pointed out that in the year 2006 application was received from the petitioner seeking pension, gratuity etc., relating to Smt.Pennamma. At that time, petitioner had not produced the non liability certificate in respect of the loans taken from various Co-operative Societies. The no objection certificate as evidenced by Exhibits P2 and P3 has been received only later. It is also pointed out that when the service book was forwarded to the Local Fund Audit Section for inspection, certain discrepancies were noted in the grade leave surrender granted and steps W.P ( C) No.35953 of 2008 2 have been initiated to regularise the leave account at the initial stage and it has been suggested to make adjustment of excess amount by recovering the same. 2. Learned counsel for the petitioner submits that such adjustment, if any, can be made from the excess amount. What remains is the sanction by the Local Fund Audit Section. 3. Learned standing counsel appearing for the Corporation submits that only after getting the sanction from the Local Fund Audit Section, the amount could be disbursed. 4. Therefore, there will be a direction to the respondent to see that the sanction by the Local Fund Audit Section is issued within a period of two months from today. Based on the same, the amount shall be disbursed by the Corporation within a period of one month thereafter. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.35953 of 2008 3 W.P ( C) No.35953 of 2008 4