IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 7314 of 2008(U) ------------------------- PETITIONER: ------------ P.INDIRA, SMITHALAYAM MANCHAVILAKOM P.O., (VIA)DHANUVACHAPURAM NEYYATTINKARA, THIRUVANANTHAPURAM (RETIRED JUNIOR SUPERINTENDENT KOLLAYIL GRAMA PANCHAYAT, THIRUVANANTHAPURAM DIST) BY ADV. SRI.P.K.SURESH KUMAR SMT.PRIYA VIJAYAN RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATS THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF PANCHAYATS THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.7314 of 2008 -------------------------- Dated this the 25th March, 2008 J U D G M E N T Petitioner, who retired from service on 30.9.2004 is aggrieved by the delay in the disbursal of the retirement benefits due to the petitioner. The amount due to her in this regard is DCRG and full pension. 2. An amount of Rs.25,290/- is liable to be recovered from the DCRG of the petitioner in terms of Exhibit P1 order. This position is not disputed by the petitioner. Reference is also made to Exhibit P2, which is an order passed by the Director of Panchayats for finalising the disciplinary proceedings against the petitioner. Though in Exhibit P2, there is a proposal for determining the amount that may have to be recovered from persons mentioned therein (which includes the petitioner), that has not been finally determined as such even now. Under Exhibit P1 no liability has been fixed on the petitioner within a period of three years from the date of her retirement. This position is accepted by the learned Government Pleader, on W.P ( C) No.7314 of 2008 2 instructions. In the result, the writ petition is disposed of in the following terms: i) Second respondent shall issue due authorisation in relation to the DCRG payable to the petitioner deducting the amount shown in Exhibit P1 as liability, within a period of one month from the date of receipt of a copy of this judgment. ii) First respondent shall also pass orders sanctioning full pension to the petitioner within the aforementioned time. This is without prejudice to the right of the Government to take appropriate steps, in accordance with law, for recovery of any amount which may be found to be due from the petitioner on the basis of Exhibit P2. (V.GIRI, JUDGE) ma W.P ( C) No.7314 of 2008 2 V.GIRI,J O.P.267 OF 2002 JUDGMENT 11th March, 2008 W.P ( C) No.7314 of 2008 2 Common issues are raised for consideration in all these writ petitions. Reference is made to the facts in Writ Petition No.4562/2008 for the sake of convenience.