IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 32454 of 2003(L) -------------------------------------- PETITIONER(S): ---------------------- PROF. T.G.RAJAGOPALAN, REGISTRAR (RETIRED), KERALA AGRICULTURAL UNIVERSITY RESIDING AT THACHANATHU VEEDU, VADAKECHIRA ROAD, THRISSUR. BY MR.K.P.DANDAPANI, SENIOR ADVOCATE RESPONDENT(S): ------------------------- 1. KERALA AGRICULTURAL UNIVERSITY, MAIN CAMPUS, VELLANIKKARA, REP. BY ITS REGISTRAR. 2. THE COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, MANNUTHY. 3. THE DIRECTOR, VIGILANCE & ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. R3 BY GOVERNMENT PLEADER R1 & R2 BY ADV. MR.A.S. RAJENDRAN NAIR, SC, AGRL.UNTY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 32454/2003-L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.PEN.A2/7859/97 DATED 23/02/1998 ISSUED BY FROM THE OFFICE OF THE VICE-CHANCELLOR, KERALA AGRICULTURAL UNIVERSITY. EXT.P2: COPY OF THE CHARGE SHEET NO.10/2000 FILED BEFORE THE ENQUIRY COMMISSIONER & SPECIAL JUDGE, THRISSUR. EXT.P3: COPY OF THE PETITIONER'S REPRESENTATION DATED 03/03/2003 ADDRESSED TO THE VICE-CHANCELLOR, KERALA AGRICULATURAL UNIVERSITY. EXT.P4: COPY OF THE LETTER NO.GA/C1/8316/2003/L.DIS. DATED 30/04/2003 OF THE FIRST RESPONDENT. EXT.P5: COPY OF THE GO(P)NO.185/2002/FIN. DATED 27/03/2002 OF THE FINANCE (PENSION-B) DEPARTMENT. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE GOVERNMENT ORDER NO.6830/AF2/98/AD DATED 04/05/1998. EXT.R1(b): COPY OF THE GOVERNMENT LETTER NO.36452/AF2/97 DATED 10/10/2000. EXT.R1(c): COPY OF THE GOVERNMENT ORDER DATED 22/09/1997. //TRUE COPY// P.S. TO JUDGE rs. V.K.MOHANAN, J. --------------------------------------------- W.P(C).No. 32454 of 2003 - L --------------------------------------------- Dated this the 23rd day of June, 2009 J U D G M E N T The petitioner, who retired from the service of the Kerala Agricultural University as Registrar, approaches this Court challenging Ext.P4 which is a proceedings issued by the University informing the petitioner that the pensionary benefits could not be released unless the court proceedings are over connected with a vigilance case against the petitioner. It is also prayed for a direction to respondents to disburse the D.C.R.G., surrender leave salary, commuted pension and U.G.C. arrears with interest @ 18% from 3.9.1997 till the date of payment. 2. The second respondent-University has filed a counter affidavit, in which it is stated that the terminal benefits have been withheld as per the direction of the Government due to pendency of vigilance case. It is also stated in the counter affidavit that interim relief of provisional pension has already been sanctioned. It is further stated in para 7 of the counter that the petitioner's pensionary benefits other than provisional pension was not sanctioned due to his WP(C) NO.32454 of 2003 :-2-: involvement in vigilance case and considering the seriousness of the matter and there is no wilful act on the part of the University in withholding the retirement benefits. 3. The learned counsel for the petitioner submits that C.C.No.36 of 2000, the case instituted upon V.C.No.8/1997 in which the petitioner is one of the accused, was disposed of by the Court of Enquiry Commissioner and Special Judge, Thrissur as per its judgment dated 28.2.2005 by which the all the accused including the petitioner are acquitted under Section 248(1) of the Cr.P.C. and set at liberty forthwith. The above fact is not controverted by the University. According to the learned counsel, in the light of the above order of acquittal, the only objection pointed out by the respondents for sanctioning and releasing the terminal benefit is already over and therefore, the University can be directed to release the terminal benefit. In the light of the above subsequent development and in view of the statement contained in the counter affidavit, I am of the view that this writ petition can be disposed of. In the result, this writ petition is disposed of directing the petitioner to file a detailed representation setting forth his claim for all monetary benefits which are due connected with his WP(C) NO.32454 of 2003 :-3-: retirement in the light of the judgment of the Enquiry Commissioner and Special Judge and on receiving such representation, the University is directed to consider the same on merit and dispose of it within two months from the date of receipt of a copy of this judgment which will be produced by the petitioner within one month from today. The writ petition is disposed of as above. V.K.Mohanan, Judge MBS/ WP(C) NO.32454 of 2003 :-4-: V.K.MOHANAN, J. -------------------------------------------- O.P.NO. OF 200 -------------------------------------------- J U D G M E N T DATED: -6-2009 WP(C) NO.32454 of 2003 :-5-: