IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 4497 of 2007(I) ----------------------------------- PETITIONER(S): ------------------------ T. MOHAMMEDALI, AGED 56 YEARS, S/O.AVUDHAL, THEKKE KARAKAYIL HOUSE, POST MARANCHERI, MALAPPURAM DISTRICT. RETD.SECRETARY, ANAKKARA GRAMA PANCHAYAT. BY ADV. SRI.RAJIT SRI.RANJIT BABU RESPONDENT(S): ------------------------- 1. DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF PANCHAYATH, PALAKKAD. GOVERNMENT PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.4497/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE LETTER NO.E3-6450/05 DT. 12.6.07. /TRUE COPY/ P.A. TO JUDGE tss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.4497/2007-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 9th day of January, 2009 J U D G M E N T The petitioner retired from service on 31/12/2005 as Secretary of Annakkara Grama Panchayat. The writ petition is filed seeking for a direction to disburse the pensionary benefits including commuted value of pension and gratuity to the petitioner. 2. The respondents have filed a counter affidavit stating that disciplinary action is pending against the petitioner and, he was served with a memo of charges and a statement of allegation was also served on him. Therefore, provisional pension alone was sanctioned. 3. As on today, the petitioner has retired from service. It cannot be said that the disciplinary action can be continued as there is no master and servant relationship after the retirement. So far, no final proceedings have been issued against him. The liability has not been quantified also. The counter affidavit does not show that any monetary liability on the part of the petitioner has been quantified with notice to him. Disciplinary action W.P.(C) No.4497/2007 -:2:- is kept pending without any action. No justifiable reasons have been found out for denying pensionary benefits also. Therefore, there will be a direction to the respondents to sanction the various pensionary benefits including commuted value of pension and gratuity and effect the payment within a period of three months from the date of receipt of the copy of this judgment. If any amount is legally due from him, he will be issued notice before quantifying the liability. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms