IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 2ND JUNE 2008 / 12TH JYAISHTA 1930 WP(C).No. 13287 of 2008(F) -------------------------- PETITIONER: ------------ THULASEEDHARAN, AGED 55 YEARS, S/O.K.VELUMBAN, RETIRED EXECUTIVE ENGINEER, RESIDING AT KARAVEETTIL THEKKETHIL, SAGARAM NAGAR NO.34, T.K.M.COLLEGE P.O., KOLLAM DISTRICT - 691 005. BY ADV. FR.JOHNY THOTTAM SRI.JOHNSON GOMEZ RESPONDENTS: ------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VYTHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER, HRM, VYTHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER (DISTRIBUTION SOUTH) POWER HOUSE BUILDING, THIRUVANANTHAPURAM. 4. THE ACCOUNTS OFFICER (PAY FIXATION) VYTHUTHI BHAVAN, PATTOM, THIRUVANANTHAPURAM. BY SC, SRI. K.S. ANIL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No. 13287 of 2008 -------------------------- Dated this the 2nd June, 2008 J U D G M E N T Petitioner, who retired from the service of the Electricity Board on 30.11.2007, is aggrieved by the non-disbursal of the retirement benefits due to him. Learned standing counsel for the Electricity Board submits that the Board proposes to fix a liability on the petitioner. The said process has not been completed and hence the delay. Exhibit P3 objections have been submitted by the petitioner to the proposal made under Exhibit P2. Learned standing counsel submits that apart from Exhibit P2 there are certain other proposals as well. 2. Liability, if any, of the employee will have to be determined and fixed as far as possible, before retirement, at any rate, immediately, after retirement. There is no point in further delaying the fixation of the liability. In the result, the writ petition is disposed of directing the 2nd respondent to issue NLC/LC in favour of the petitioner after notice to the petitioner and considering his objections within a W.P ( C) No. 13287 of 2008 2 period two months from today. In the meanwhile, the Chief Engineer shall also consider Exhibit P3 objections. If there is any proposal to fix a liability other than what is noted in Exhibit P2, a fresh notice may be issued to the petitioner and he may be granted an opportunity of filing his objections. In the meanwhile, the 2nd respondent shall ensure that provisional pension is paid to the petitioner at 75 % of the pension that is due to him. This shall be done within a period of one month from the date of receipt of a copy of this judgment. (V.GIRI, JUDGE) ma W.P ( C) No. 13287 of 2008 2