IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 WP(C).No. 18913 of 2008(B) ---------------------------------------- PETITIONER(S): ------------------------- A.P.CHRISTOPHER TAHSILDAR (RETIRED) SMISHA NIVAS, VENGAI P.O.,SASTHAMCOTTA, KOLLAM 690 569. BY ADVS. MR.N.SUGATHAN, SMT.VARSHA BHASKAR, MR.S.PRASANTH (AYYAPPANKAVU). RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM 695 001. 2. THE COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM 3. THE DISTRICT COLLECTOR, KOLLAM. 4. THE ACCOUNTANT GENERAL (A&E) KERALA, THIRUVANANTHAPURAM. *ADDL.R5 IS IMPLEADED: R5. THE SUB TREASURY OFFIER, SUB TREASURY, SASTHAMCOTTA, KOLLAM DISTRICT. (*ADDL.R5 IS IMPLEADED AS PER ORDER DTD. 9/12/2008 IN I.A.NO.15545/08) BY GOVERNMENT PLEADER MR. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.18913/2008 B APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF LETTER DTD. 14/02/2008 OF THE 4TH RESPONDENT TO THE 2ND RESPONDENT. P2: COPY OF MEMO OF CHARGES DTD. 18/06/2007 ISSUED TO THE PETITIONER. P3: COPY OF REPLY DTD. 17/08/2007 SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PETITIONER. P4: COPY OF LETTER NO.FB(A)6-2497/08 DTD. 21/04/2008 OF THE 2ND RESPONDENT TO THE 1ST RESPONDENT. P5: COPY OF THE ORDERS DTD. 17/07/2008 ISSUED BY THE 4TH RESPONDENT. P6: COPY OF PROCEEDINGS NO.FBA6-2497/08 DTD. 17/06/2008 OF THE ADDL.LAND REVENUE COMMISSIONER. P7: COPY OF THE LETTER DTD. 5/11/2008 OF THE 4TH RESPONDENT TO THE SUB TREASURY OFFICER, SASTHAMCOTTA. P8: COPY OF REVISED PENSION PAYMENT ORDER DTD. 6/11/2008 ISSUED BY THE 4TH RESPONDENT. P9: COPY OF G.O.(P) NO.185/2002/FIN. DTD. 27/03/2002. P10: COPY OF G.O.(P) NO.34/06/FIN. DTD. 20/01/2006. P11: COPY OF G.O.(RT) NO.1449/2009/RD DTD. 15/05/2009. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 18913 of 2008 B =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 6th day of July, 2009 JUDGMENT The petitioner is a pensioner. He retired from service on 31-12-2007 while he was working as Additional Tahsildar in Karunagapally Taluk. This writ petition was filed on 23-6-2008 aggrieved by the non-payment of terminal benefits. During the pendency of the writ petition, pursuant to the interim orders passed by this Court, the petitioner was paid full pension and also the commuted value of pension. D.C.R.G. alone remains to be paid. According to the respondents, D.C.R.G. was not paid for the reason that a disciplinary action which was initiated against the petitioner pursuant to Ext.P2 memo of charges dated 18-6-2007 was pending and had not been finalized. The said disciplinary action was finalized by Ext.P11 order dated 15-5-2009 whereby the Government dropped the disciplinary action initiated against the petitioner. In my opinion in view of Ext.P11 order passed by the Government, the respondents cannot withhold payment of the D.C.R.G. sanctioned to the petitioner. In these circumstances, I dispose of this writ petition with a direction to the competent authority among the respondents to disburse to W.P.(C) No. 18913/08 2 the petitioner the D.C.R.G. sanctioned to him as per Ext.P1. This shall be done within two months from the date on which the petitioner produces a certified copy of this judgment before the Commissioner of Land Revenue. If the gratuity payment order has to be revalidated, it shall be done in the meanwhile. If payment is not effected within the time stipulated above, the petitioner will be entitled to interest at the rate of 7.5 % per annum from this date onwards. It will be open to the Government to realize the interest thus paid to the petitioner from the persons responsible for not implementing the direction issued herein in time. P.N.RAVINDRAN, JUDGE. mn.