IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 19TH OCTOBER 2010 / 27TH ASWINA 1932 WP(C).No. 31875 of 2010 (C) -------------------------- PETITIONER: ------------------- K.M.PARIMALA VINEETH AGENCIES, GURUVAYOOR. BY ADVS. SRI.P.RAGHUNATH PREMJIT NAGENDRAN RESPONDENTS: -------------------- 1. COMMERCIAL TAX OFFICER, KUNNAMKULAM 680 503. 2. DEPUTY COMMISSIONER (APPEALS), ERNAKULAM 682015. BY SENIOR GOVT. PLEADER, SRI.C.K.GOVINDAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.31875 Of 2010 H ----------------------------------------------------- DATED THIS THE 19th DAY OF OCTOBER, 2010 J U D G M E N T The petitioner retired from the service of the 1st respondent- Corporation on 31.12.2008. The petitioner has got certain liabilities to be cleared with the 2nd and 3rd respondents. The 2nd respondent has filed ARC No.1389/2010 before the Assistant Registrar(General) and a copy of which has been produced as Exhibit P2. The 3rd respondent has issued Exhibit P3 notice for recovering certain amounts. The learned counsel for the petitioner submitted that the delay in disbursal of the DCRG, commuted value of pension, etc. will therefore adversely affect the petitioner. 2. This Court in Writ Appeal No.289/2001 has issued various directions to the Corporation with regard to the disbursal of retirement benefits. It is specified as item No.5 therein that retirement benefits should be disbursed strictly on the basis of the date of retirement, unless otherwise ordered by this Court. 3. The learned Standing Counsel for the Corporation submitted that due enquiry will be conducted in the matter. The W.P.(C)No.31875/10 -2- learned counsel for the 2nd respondent prayed that the Corporation may be directed to adjust an amount of Rs.1,66,382/- which is the amount claimed in the plaint Exhibit P2, before disbursing the amount towards retirement benefits. 4. There will be a direction to the Corporation to conduct due enquiries and disburse the eligible benefits to the petitioner after recovering and paying the amounts claimed by respondents 2 and 3, within a period of two months. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn