IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 WP(C).No. 23263 of 2008(T) ----------------------------------------- PETITIONER(S): ------------------------- VISHWA SHARMA P.V S/O. VASUDEVAN NAMBOOTHIRI, PAATHIRAVELIL ILLOM, KALLUPARA P.O., THIRUVALLA. BY ADV. SRI.S.KRISHNAMOORTHY RESPONDENT(S): --------------------------- 1. TRAVANCORE DEVASWOM BOARD, REP. BY ITS SECRETARY, NANDANCODE, THIRUVANANTHAPURAM 2. DEVASWOM COMMISSIONER, TRAVANCORE DEVASWOM BOARD, THIRUVANANTHAPURAM. 3. THE ACCOUNTS OFFICER, TRAVANCORE DEVASWOM BOARD, NANDANCODE, THIRUVANANTHAPURAM . ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23263/2008 T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF RELIEVING ORDER DTD. 31/10/2007 ISSUED BY THE JUNIOR SUPERINTENDENT OF TRAVANCORE DEVASWOM BOARD. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.23263/2008-T ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 15th day of January, 2009 J U D G M E N T The petitioner retired from service as Sub Group Officer from the first respondent Travancore Devaswom Board. At the time of retirement, he was working in the Anurudreshwaram Sub Group. Ext.P1 is the relieving order. The complaint is regarding the non disbursement of pension and gratuity legally due to the petitioner. 2. The respondents have filed a statement. It is stated that the application for the pensionary benefits given by the petitioner was forwarded by the Assistant Commissioner, Thiruvalla to the Devaswom Commissioner as per letter dated 07/04/2008. It was duly forwarded by the Devaswom Commissioner to the Local Fund Audit. Since there were some defects, the Local Fund Audit Wing returned the same to the Devaswom Commissioner. It was transferred through the Assistant Commissioner to the petitioner on 02/08/2008. He received the same on 07/08/2008. 3. The defects pointed out by the Local Fund Audit are (a) the last pay certificate is not produced, (b) the non-liability certificate is not produced, (c) the judicial enquiry certificate is not produced and, (d) two W.P.(C) No.23263/2008 -:2:- photographs certified by the head of the department are not produced. 4. The learned counsel for the petitioner submitted that he has re- submitted the application after producing the photographs and the last pay certificate. The learned counsel for the petitioner submits that he will produce the non-liability certificate from different places where he was working, within a period of two weeks from today. 5. Another item is regarding the certificate known as judicial enquiry certificate. It is not clear what is the nature of the certificate that has to be produced by the petitioner. Counsels on either side could not throw any light on this aspect. The Assistant Commissioner will take up the matter and inform the petitioner about nature of the certificate that has to be obtained and from which authority the said certificate can be obtained. This shall be done within a period of two weeks from the date of receipt of a copy of this judgment. If it is only a certificate to be issued from the Devaswom Department itself, the concerned officer shall duly issue the same to the petitioner for enabling him to produce it before the Local Fund Audit. 6. Thereafter, the Local Fund Audit will expedite the same and transmit the pension papers to the Devaswom Commissioner for sanctioning W.P.(C) No.23263/2008 -:3:- pension and other benefits. The same shall be done within a period of two months from the date of receipt of the copy of this judgment. 7. The eligible amounts can be disbursed expeditiously depending upon the certificate issued by the Local Fund Audit Wing. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms