IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.M.SHAFFIQUE FRIDAY, THE 9TH DECEMBER 2011 / 18TH AGRAHAYANA 1933 WP(C).No. 7600 of 2004(D) ------------------------- PETITIONER: --------------- G. KUTTAN PILLAI, VETTUVILASSERI THEKKETHIL, MANAPPALLY P.O., KARUNAGAPPALLY, KOLLAM., RETD. JUNIOR SUPERINTENDENT THODIYOOR GRAMA PANCHAYATH. BY ADV. SRI.V.N.ACHUTHA KURUP, SENIOR ADVOCATE RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATS, KERALA STATE, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF PANCHAYATS, KOLLAM. R1 TO R3 BY GOVERNMENT PLEADER SRI. SOYUZ. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7600 of 2004(D) APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF THE JUDGMENT IN OP NO.26301/99 DATED 24.1.00 OF THE HONOURABLE HIGH COURT OF KERALA. P2: TRUE COPY OF THE JUDGMENT IN W.A NO.1217/2000 DATED 24.6.2003 OF THE HONOURABLE HIGH COURT OF KERALA. P3: TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 19.12.2003 ADDRESSED TO 1ST RESPONDENT RESPONDENTS' EXHIBITS: NIL TRUE COPY PA TO JUDGE Scl. A.M. SHAFFIQUE, J. ---------------------------------------------------- W.P.(C). No. 7600 of 2004 ----------------------------------------------------- Dated this the 9th day of December, 2011. J U D G M E N T This writ petition is filed by a retired employee, seeking the following reliefs: (i) issue a writ of mandamus or any other appropriate writ, order or direction compelling the respondents to take immediate steps to regularise the period during which the petitioner was kept under suspension i.e from 14/8/1998 to 31/8/1999, give him all benefits treating that period as period spent on duty and also sanction and disburse the pensionary benefits due to him including arrears of salary, pension etc. with 12% interest from the dates on which such amounts fell due till the date of disbursement without any further delay. 2. It is seen that, by virtue of Ext.P2 judgment, this court had already found that when a person is placed under suspension as per explanation to Rule 3, Part III of Kerala Service Rules, the departmental proceedings shall be deemed to be instituted against the employee concerned and going by Rule 3 A (a), he is only W.P.(C). No. 7600 of 2004 2 entitled to provisional benefits and not entitled to gratuity or D.C.R.G. This court further directed that vigilance enquiry pending against the petitioner to be completed within three months and appropriate steps shall be taken on the basis of the report of the said enquiry. Since no action had been taken pursuant to Ext.P2 judgment, he filed Ext.P3 representation to the 1st respondent and since there was inaction the petitioner has approached this court seeking the reliefs as mentioned above. 3. In the counter affidavit filed by the Government it is inter alia contended that a case has been registered against the delinquent under the Prevention and Corruption Act and Indian Penal Code before the Vigilance and Anti-corruption Bureau, Kollam. However, what further proceedings were taken pursuant to the said enquiry is not evident from the affidavit. It is true that there are serious allegations, but whatever be the position, the long delay completing the Vigilance enquiry, is totally W.P.(C). No. 7600 of 2004 3 unjustifiable, especially in the light of the directions in Ext.P2. 4. Under these circumstances, this writ petition is allowed and the following directions are issued. (1) Respondents are directed to regularise the period during which the petitioner was kept under suspension. (2) Petitioner's pensionary benefits may be disbursed after finalising the pension within a period of three months. (3) After the enquiry if it is found by the disciplinary authority that any sum of money is to be recovered from the petitioner, it will be open to such authority to recover any such amount so found due from the petitioner. A.M. SHAFFIQUE, J. Scl.