IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 11TH DECEMBER 2009 / 20TH AGRAHAYANA 1931 WP(C).No. 23360 of 2006(E) ----------------------------------------- PETITIONER(S): ------------------------ MOLLY JOSEPH, AGED 55 YEARS, W/O. P.T. ABRAHAM, L-144, CHANGAMPUZHA NAGAR, KOCHI-33. BY ADV. MR.T.A.THOMAS RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, SECRETARIAT, THIRUVANANTHAPURAM. 2. ACCOUNTANT GENERAL A & E, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR (EDUCATION) CIVIL STATION, THRIKKAKARA, ERNAKULAM DISTRICT. 4. DISTRICT EDUCATIONAL OFFICER, ERNAKULAM, DISTRICT COURT CAMPUS, ERNAKULAM. 5. HEADMISTRESS, L.P.H. SCHOOL, NARAKKAL, ERNAKULAM DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER SMT.T.B.REMANI SRI.C.P.SAJI FOR R5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/12/2009, ALONG WITH WPC NO. 23456 OF 2006 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.23360/2006 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE COPY OF THE LETTER DTD. 21.12.2005 OF THE 3RD RESPONDENT. P2:- COPY OF THE G.O.(P) NO.380/94(13) FIN. DTD. 9.6.94. P3:- COPY OF THE AUDIT REMARKS DTD. 7.3.98. P4:- COPY OF THE REPRESENTATION DTD. 7.6.2000 OF THE PETITIONER TO THE 2ND RESPONDENT. P5:- COPY OF THE REPRESENTATION DTD. 10.2.06 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. P6:- COPY OF THE G.O.(P) NO.592/2003/FIN. DTD. 10.11.03. P7:- COPY OF THE G.O.(MS) NO.17/82/G.EDN. DTD. 15.2.1982. P8:- COPY OF THE LETTER DTD. 9.5.06 OF THE 4TH RESPONDENT. P9:- COPY OF THE REPRESENTATION DTD. 19.5.2000 SUBMITTED BY THE PETITIONER THE 2ND RESPONDENT. P10:- COPY OF THE ORDER DTD. 4.12.03 FROM THE 2ND RESPONDENT TO THE 3RD RESPONDENT. P11:- COPY OF THE GOVT. CIRCULAR NO.68/84/FIN. DTD. 27.9.1984. P12:- COPY OF THE GOVT. CIRCULAR NO.31/85/FIN. DTD. 10.4.85. P13:- COPY OF THE GOVT. CIRCULAR NO.50/87/FIN. DT. 9.7.87. P14:- COPY OF THE GOVT. CIRCULAR NO.78/87/FIN. DTD. 29.9.1987. P15:- COPY OF THE ORDER DTD. 18.6.07. P16:- COPY OF THE CONCLUSION PAPER DTD. 7.5.08. P16(a):- COPY OF THE EXT.P16 HAND WRITING OF THE ACCOUNT OFFICER. P17:- COPY OF THE COVERING LETTER DTD.24.10.08. P18:- COPY OF THE LETTER DTD. 5.12.08. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) Nos. 23360/2006-E & 23456/2006-P - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of December, 2009. JUDGMENT The petitioners have approached this Court for a direction to the respondents to sanction pension and other retiral benefits to them within a time limit. It appears that there were audit objections in the matter which caused delay in finalising the sanctioning of pension. 2. The petitioners have filed I.A.No.15220/2009 in W.P.(C) No.23360/2006 and I.A. No.15213/2009 in W.P.(C) No.23456/2006 wherein Ext.P16 represents the decision taken in the Adalath conducted by the Education Department. It is submitted that therein a favourable decision has been taken to drop the audit objections also. It is evident from Exts.P18 and P19 letters issued by the Deputy Director of Education that in the light of the pendency of the writ petitions, the matter is kept without passing any final orders. In fact, the said letter reveals the fact that the audit objections have been dropped and there is a decision to admit the pay refixed in view of the re option submitted by the petitioners. Therefore, the writ petitions are disposed of directing the third wpc 23360 & 23456/06 2 respondent to finalise the matter in terms of the decision taken in the Adalath, within a period of one month from the date of receipt of a copy of this judgment. Accordingly, the benefits due to the petitioners will be disbursed within a further period of one month. No costs. (T.R. Ramachandran Nair, Judge.) kav/