IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 WP(C).No. 29113 of 2004(N) -------------------------- PETITIONER: ------------ CHACKO C.J. AGED 57 EYARS, S/O.C.C.JOSEPH, CHEMMAZHICKATTU HOUSE, CHATHAMKERI P.O. THIRUVALLA, SUB INSPECTOR OF POLICE, EDATHUA, ALAPPUZHA. BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, HOME DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE, ALAPPUZHA. 3. THE ACCOUNTANT GENERAL (KERALA), THIRUVANANTHAPURAM. 4. THE SUB TREASURY OFFICER, THIRUVALLA. BY GOVERNMENT PLEADER SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.29113/2004 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF THE G.O(RT)NO.3128/2001/HOME DATED 13-9- 2001 PASSED BY THE FIRST RESPONDENT. EXT.P2. TRUE COPY OF THE GRATUITY PAYMENT ORDER NO.P- IZ/PenA/500/BA/02-03 DATED NIL OF THE 3RD RESPONDENT. EXT.P3. TRUE COPY OF THE LETTER NO.P-12/PenA/500/BA/02-03/679 DATED 22-7-2002 OF THE 3RD RESPONDENT. EXT.P4. TRUE COPY OF THE GRATUITY PAYMENT ORDER NO.P- IZ/PenA/500/BA/02-03 DATED 18-6-2003 OF THE 3RD RESPONDENT. EXT.P5. TRUE COPY OF THE GRATUITY PAYMENT ORDER NO.P- IZ/PenA/500/BA/02-03 DATED 9-2-2004 OF THE 3RD RESPONDENT. / TRUE COPY / P.S.TO JUDGE KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.29113 of 2004 ----------------------------------------- Dated this the 1st day of February, 2008 JUDGMENT The writ petition is filed with the following prayer:- (i) To call for the records relating to Exts.P2 to P5 and to issue a writ of mandamus commanding the respondents to disburse the D.C.R.G. and other pensionary benefits due to the petitioner evidencing as per Exts.P2 to P5 with 18% interest for delayed payment and also to order recovery of the same from respondents 1 to 3. In case the disciplinary proceedings alleged to have been pending have not been completed, the same shall be completed within a period of two months from today and if not it shall be deemed that the proceedings have been dropped and thereafter the petitioner shall be disbursed the entire benefits within another two months. If not the petitioner shall be entitled to get interest at the rate of 12% from 31-5-2002 and the officers responsible for the delay shall be personally liable for the same. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C)No.29113 of 2004 ----------------------------------- JUDGMENT 1st February, 2008