IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 WP(C).No. 24360 of 2009(L) -------------------------- PETITIONER(S): --------------- P.V.RAVEENDRAN, (RETIRED TYPIST, EXCISE DIVISION OFFICE, AYYANTHOLE, THRISSUR-3) PADINJARE KOZHIPARAMBIL HOUSE, AYYANTHOLE,THRISSUR - 3. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SRI.RAMESH. C.R. RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. PIN - 695 001. 2. COMMISSIONER OF EXCISE, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. PIN - 695 033. 3. DEPUTY EXCISE COMMISSIONER, THRISSUR, PIN - 680 001. 4. DIRECTOR, VIGILANCE & ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. PIN - 695 001. 5. ACCOUNTANT GENERAL (A&E), KERALA, THIRUVANANTHAPURAM. PIN - 695 039. BY GOVT. PLEAER SRI. P. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of the GO.(RT) No.203/2004/Vig dated 1.7.2004. Ext.P2. True copy of the representation dated 8.4.2008 was submitted by the petitioner to the commissioner of Excise. Ext.P3. True copy of the G.O.(Rt).No.138/08/vig. dated 17.6.2008 Ext.P4. True copy of the verification report NO.P.R.2100821186/P-16/4/1008030735/87 dated 28.7.2008. Ext.P5. True copy of the letter No.R2-1695/08 dated 10.8.2008 addressed to the Excise Commissioner, the Assistant Excise Commissioner, Trissur. Ext.P5. True copy of the letter No.R2-1695/08 dated 10.8.2008 addressed to the Excise Commissioner to the Assistant Excise Commissioner, Thrissur. Ext.P6. True copy of the letter No.XE4-18262/03 dated 30.1.2009 addressed to the Assistant Excise Commissioner, Thrissur. Ext.P7. True copy of the representation dated 23.7.2009 submitted by the petitioner to the Deputy Excise Commissioner,Thrissur . Ext.P8. True copy of the letter No.R1-1695/2008 dated 3.8.2009 the Deputy Commissioner of Excise, Thrissur. Ext.P9. True copy of the representation Dated 10.8.2009 submitted to the petitioner before the Director, Vigilance & Anti Corruption Bureau. // true copy // P.A. to Judge ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.24360 OF 2009 (L) -------------------------------------------------- Dated this the 12th day of November, 2009 J U D G M E N T Petitioner retired as Typist from the Excise Division Office, Thrissur on 30.11.2007. His grievance is that he is paid only the provisional pension and that the other benefits are all withheld. 2. It is stated that on 28.6.2003, following a Vigilance raid in the office along with others, the petitioner was also placed under suspension. However, subsequently by Ext.P1 order dated 1.7.2004, without prejudice to the continuance of the proceedings the petitioner was reinstated in service. It was while so he retired from service on 30.11.2007. Thereafter he requested for release of his retirement benefits and Ext.P3 order was issued by the Government of Kerala stating that they come to the conclusion that it may not be proper to initiate vigilance enquiry against the two officers who were found to have involvement in the misconduct that was found. Ext.P3 shows that the Government have decided to deviate from its earlier tentative decision to refer the case to the Vigilance Tribunal and the case will be referred to the Secretary, Tax Department for taking WPC.No.24360/09 :2 : departmental action against the Assistant Excise Commissioner, Manager of the Office and two Preventive Officers. 3. This order therefore shows that no further action was contemplated against the petitioner. Despite this DCRG and full pension was not sanctioned to the petitioner. It is seen that the Accountant General also admitted the pensionary benefits due to the petitioner in Ext.P4. But however, on the basis that a vigilance enquiry is pending against him, it is ordered that the petitioner will be paid only provisional pension. It is with this grievance that this writ petition is filed. 4. Ext.P3 Government Order dated 17.6.2008 referred to above shows that the involvement of the petitioner has been ruled out and even in the departmental action ordered, petitioner is excluded. If that be so, it is evident that no proceedings have been initiated against the petitioner and if so petitioner should have been released his full pension and also the DCRG. 5. Having regard to the above, I feel that there is no justification for any further delay in disbursing the terminal benefits due to the petitioner and therefore the respondents are directed to disburse the pension and other retirement benefits WPC.No.24360/09 :3 : due to the petitioner as expeditiously as possible and at any rate within 8 weeks from the date of production of a copy of the judgment. Petitioner hall produce a copy of the judgment before the 3rd respondent for compliance. (ANTONY DOMINIC) JUDGE vi/