IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 WP(C).No. 5791 of 2008(M) ------------------------- PETITIONER: ------------ P.R.VISWANATHAN, PRANSANTH NIVAS, PUTHUPARIYARAM P.O., PALAKKAD. BY ADV. SRI.ROJO J.THURUTHIPARA RESPONDENTS: ------------- 1. THE SECRETARY, MINISTRY OF FOREST AND WILD LIFE, (GOVERNMENT OF KERALA), SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF CONSERVATOR OF FOREST , (ADMINISTRATION), THIRUVANANTHAPURAM. 3. THE FOREST WILD LIFE WARDEN, WILD LIFE DIVISION, ANAPPADY, PARAMBIKULAM, PALAKKAD DISTRICT. 4. THE CONSERVATOR OF FORESTS, THRISSUR CIRCLE, THRISSUR. 5. THE ACOUNTANT GENERAL (A & E) OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM, KERALA. BY GOVERNMENT PLEADER SRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- W.P(C) No. 5791 OF 2008 ----------------------------------- Dated this the 3rd day of March, 2008 JUDGMENT Petitioner retired from service as a Range Officer on 31.05.07. He is aggrieved that the retirement benefits by way of DCRG, amounts due under the Family Benefit Scheme and also DA arrears have not been disbursed. 2. Learned Government Pleader on instructions submits that the DA arrears have been disbursed. The submission is recorded. In so far as the amount under the Family Benefit Scheme is concerned, bill has been encashed on 25.02.08 and actual amount will be disbursed shortly, if not already disbursed. This submission is also recoded. It is admitted that pension is being received by the petitioner. What remains is the DCRG. NLC/LC has not been issued so far. Learned Government Pleader submits that there is a crime registered against the petitioner and 22 other officers as OR No.1 of 2000, apparently, final report has not been submitted. In my view, mere pendency of OR No.1 of 2000 need not stand in the way of disbursal of the retiral benefits due to the WPC No. 5791 OF 2008 2 petitioner. But, the competent authority is entitled to issue NLC/LC and it is only thereafter the payment of DCRG will have to be authorised to the concerned Treasury officer. Accordingly, the Writ Petition is disposed of directing the 2nd respondent to take steps to see that liability, if any, in so far as the petitioner is concerned, is fixed at the earliest and at any rate within a period of three months from the date of receipt of a copy of this judgment. NLC/LC shall be issued to the petitioner within the said time frame and consequently the DCRG due to the petitioner, subject to the NLC/LC, shall also be disbursed. V. GIRI, JUDGE ttb WPC No. 5791 OF 2008 3