IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 28983 of 2008(A) -------------------------------------- PETITIONER(S): ----------------------- JOHN MATHEW, MANI MANDIRAM, CHURULIKODE (PO), PATHANAMTHITTA(HEALTH INSPECTOR GRADE-I, THIRUVANANTHAPURAM, MUNICIPAL CORPORATION - UNDER VOLUNTARY RETIREMENT) THROUGH POWER OF ATTORNEY HOLDER E. SUGATHAN SREEMANGALAM, NEELESWARAM (PO), KOTTARAKKARA. BY ADV. MR.K.SASIKUMAR RESPONDENT(S): ------------------------- 1. DIRECTOR OF URBAN AFFIARS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. DIRECTOR OF LOCAL FUND ACCOUNTS, THIRUVANANTHAPURAM. 3. THE SECRETARY, THIRUVANANTHAPURAM MNICIPAL CORPORATION, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH R3 BY MR.N.NANDAKUMARA MENON, SENIOR ADVOCATE R3 BY ADV. MR.P.K.MANOJKUMAR R3 BY ADV. SMT.SUSHYA RAJAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 28983/2008-A APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 28/06/2007 ISSUED BY THE 1ST RESPONDENT. EXT.P2: COPY OF THE PROCEEDINGS DATED 06/07/2007 ISSUED BY THE 3RD RESPONDENT. EXT.P3: COPY OF THE LETTER DATED 10/03/2008 FORWARDED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT. EXT.P4: COPY OF THE LETTER DATED 25/05/2008 FORWARDED BY THE 3RD RESPONDENT TO THE 1ST RESPONDENT. EXT.P5: COPY OF THE NOTE FILES ALONG WITH LETTER DATED 01/07/2008, RECEIVED BY THE PETITIONER FROM THE 1ST RSPONDENT'S OFFICE. EXT.P6: COPY OF THE LETTER DATED 01/07/2008 ISSUED BY THE 1ST RESPONDENT. EXT.P7: COPY OF THE LETTER DATED 14/07/2008 FORWARDED BY THE 3RD RSPONDENT TO THE PETITIONER. EXT.P8: COPY OF THE REPRESENTATION DATED 11/08/2008 FORWARDED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P9: COPY OF THE POWER OF ATTORNEY DATED 25/08/2008 EXECUTED BY THE PETITIOER IN FAVOUR OF B.SUGATHAN. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.28983/2008-A ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of March, 2009 J U D G M E N T The petitioner was working as Health Inspector Grade-I in the Thiruvananthapuram Corporation. The petitioner entered service in the Municipal Common Service on 17/11/1976 in the Irinjalakuda Municipality. The petitioner joined service in the Thiruvananthapuram Corporation as per Ext.P2 dated 06/07/2007. 2. Seeking voluntary retirement from service with effect from 10/07/2007 the petitioner submitted an application before the first respondent on 09/07/2007. Thereafter, he proceeded on leave preparatory to the grant of voluntary retirement. Subsequently, the petitioner was issued with a letter by the third respondent to give reasons as to why he did not give three months notice regarding voluntary retirement, to which he submitted an explanation also. By Ext.P3 dated 10/03/2008, the third respondent has forwarded all the details to the first respondent for appropriate action. Exts.P4 and P5 will show that the matter is pending before the first respondent for the required action. Since the matter is being delayed, the petitioner is not able to draw pensionery benefits. W.P.(C) No.28983/2008 -:2:- 3. In the counter affidavit filed by the second respondent, the delay in verifying the pension papers of the petitioner has been explained. Be that as it may, it is upto the first respondent to process the same, sanction the benefits in accordance with Rules and take action to disburse the pensionery benefits also. 4. Therefore, the writ petition is disposed of directing the first respondent to take appropriate action as requested for by the petitioner and as intimated by the third respondent as per Ext.P3 within a period of three months from the date of receipt of the copy of this judgment. The petitioner will be disbursed all pensionery benefits accordingly. No costs. (T.R. Ramachandran Nair, Judge.) ms