IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 1ST JULY 2008 / 10TH ASHADHA 1930 WP(C).No. 15224 of 2008(K) -------------------------- PETITIONER: ------------ C.ABOOBACKER, S/O.HUSSAIN, AGED 56 CHAKKAYIL HOUSE, AMBRIYAS, NEAR GOVINDA TALKIES, EDAPPAL, MALAPPURAM DISTRICT. BY ADV. SRI.U.BALAGANGADHARAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVT., LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF RURAL DEVELOPMENT LMS COMPOUND, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM. 4. THE ACCOUNTANT GENERAL (A & E), THIRUVANANTHAPURAM. BY ADV. SRI.C.S.AJITH PRAKASH, CGC FOR R4 GOVERNMENT PLEADER FOR R1-4, SMT.M.R.SREELATHA ASG SRI.P.PARAMESWARAN NAIR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).15224/2008 -------------------- Dated this the 1st day of July, 2008 JUDGMENT Petitioner retired from service on 31.10.2006. He is aggrieved by the non disbursal of retirement benefits. Apparently, the delay was on the premise that there is a vigilance case registered against the petitioner. 2. Pursuant to a direction issued by this Court, competent officer from the Commissionerate of Rural Development has filed a statement which reads as follows:- The Honourable Court on 16.6.2008 had enquired as to whether there is any Vigilance case registered against the petitioner. It is most respectfully submitted that as on today no Vigilance case is registered against the petitioner. It is also submitted that petitioner is eligible for provisional pension as per Para(i) of G.P.(P). No.185/02/Fin. Dated 27.3.2002. The proposal for sanction of admitted amount of pension and commutation and the release of W.P.(C).15224/2008 2 NLC on the condition that recovery of loss if any will be made through R.R or civil proceedings on conclusion of Vigilance Enquiry as envisaged in G.O.(P). 185/2002/Fin. Dated 27.3.2002 is now under consideration. 3. In the circumstances where there is no vigilance case registered against the petitioner as on date, there is no justification for still retaining the retirement benefits due to the petitioner. 4. Accordingly, writ petition is disposed of in the following terms 5. Second respondent shall take steps to disburse to the petitioner the DCRG and Commuted Value of Pension due to the petitioner, within a period of two months from the date of receipt of a copy of this judgment. It is made clear that if apart from Ext.P2, petitioner is required to execute any other bond undertaking to indemnify the Government of any loss that the petitioner is found to W.P.(C).15224/2008 3 have incurred, same shall also be executed by the petitioner as may be required in that regard by the second respondent. Petitioner shall be paid full pension as is admissible, with arrears from the date of eligibility. It is made clear that these directions will not stand in the way of the Government taking steps to recover any loss that the petitioner may have caused to the Government, in accordance with law. V.GIRI, Judge mrcs