IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 16105 of 2008(P) -------------------------- PETITIONER: --------------- R.SANKARANKUTTY, JOINT SECRETARY (RETIRED) AGED 68, KERALA KHADI AND VILLAGE INDISTRIES BOARD, RESIDING AT KAITHAVANATHARA, THAZAHVA P.O., KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN RESPONDENTS: --------------- 1. THE KERALA KHADI AND VILLAGE INDUSTRIES BOARD, REPRESENTED BY ITS SECRETARY, KHADI BHAVAN, VANCHIYOOR, THIRUVANANTHAPURAM. 2. THE PROJECT OFFICER, KERALA KHADI AND VILLAGE INDUSTRIES OFFICE, KOLLAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.16105 of 2008 -------------------------- Dated this the 24th March,2009 J U D G M E N T The petitioner retired from service as Secretary of the 1st respondent Board on 31.5.1995. Initially the petitioner was sanctioned the DCRG, but the same was not disbursed on account of the fact that Non Liability Certificate was not issued. The liability certificate was issued only in the year 2000 fixing the liability of the petitioner almost five years after his retirement. This was challenged in O.P. No.32228/1999 which was disposed of by Exhibit-P1 judgment directing the respondents to disburse him the arrears of salary, DCRG and all other benefits within three months from the date of receipt of a copy of judgment. Subsequently on 10.3.2006 an amount of Rs.42584/- was paid as per cheque. Petitioner objected to the quantification by Exhibit-P2. By Exhibit-P3 an amount of Rs.11625/- was disbursed which was realized from the salary arrears due to him. Again he submitted Exhibit-P4 representation claiming a further amount of Rs.43300/-. W.P ( C) No.16105 of 2008 2 2. Petitioner is claiming various benefits including revision of pension and other benefits also. Respondents have filed a counter affidavit justifying their action in regard to the payment of Rs.42,584/-. 3. Learned counsel for the petitioner submitted that the petitioner has got the materials to sustain his plea for disbursement of a higher amount and if an opportunity for hearing is granted by the 1st respondent he will be able to prove the same. In that view of the matter, the writ petition is disposed of directing the 1st respondent to afford a personal hearing to the petitioner and take a final decision after considering the pleas raised by the petitioner along with the materials produced by him. Final orders shall be passed within a period of three months from the date of receipt of a copy of this judgment. First respondent will consider the entire matter afresh in the light of the contentions raised by the petitioner. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.16105 of 2008 3 W.P ( C) No.16105 of 2008 4