IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 13998 of 2006(N) -------------------------- PETITIONER: ------------ B.M.ABDUL HAMEED, SPECIAL VILLAGE OFFICER (RETD.), BAYAR VILLAGE, TALUK OFFICE, KASARAGOD, RESIDING AT MAJI BAIL CROSS ROAD, HIDAYATH NAGAR, P.O.UPPALLA, KASARAGOD. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENTS: ------------- 1. TAHASILDAR, KASARAGOD. 2. DISTRICT COLLECTOR, KASARAGOD. 3. STATE OF KERALA, REPRESENTED BY IT'S SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13998 of 2006 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE ORDER DATED 17.9.04 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXT.P2- TRUE COPY OF THE REPRESENTATIVE SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 8.12.05 (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C).13998/2006 -------------------- Dated this the 25th day of June, 2008 JUDGMENT Petitioner, who retired from service on 30.11.2003 as Special Village Officer, is aggrieved by the delay in the disbursal of retirement benefits due to him. Since the petitioner retired on 30.11.2003, DCRG cannot be withheld. 2. Learned Government Pleader, on instructions, submits that there is a judicial proceedings pending against the petitioner by way of vigilance case. Hence the delay in the disbursal of retirement benefits. Apparently, vigilance case has ended in conviction, but the same is pending in appeal before this Court due to long pendency of the issue. I think it is appropriate that DCRG be disbursed to the petitioner on his executing a bond in terms of ruling 1 of Rule 116 of Part-III of K.S.R. 3. In the result, writ petition is disposed of directing the third respondent to take steps to see that the DCRG due to W.P.(C).13998/2006 2 the petitioner is disbursed within a period of six weeks from the date of receipt of a copy of this judgment. This shall be on condition that the petitioner executes a bond in terms of ruling 1 of Rule 116 of Part-III of K.S.R. Disbursal of further benefits shall await the disposal of Criminal Appeal before this Court. Disbursal of DCRG shall be without prejudice to the right of the Government to take appropriate action in terms of Rule 2 of Part-III of K.S.R. Obviously, provisional pension being paid to the petitioner shall be without prejudice to the right of the Government to take appropriate action, in accordance with law. V.GIRI, Judge mrcs