IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 6TH MARCH 2008 / 16TH PHALGUNA 1929 WP(C).No. 33948 of 2006(N) ------------------------------------- PETITIONER: ------------------ P.C.JOSEPH, S/O.CHACKO, AGED 55 YEARS, PHARMACIST (RETD), GOVERNMENT HOMEO DISPENSARY AYYANTHOLE (RESIDING AT PUNNAMOOTTIL HOUSE, NEAR KARTHIAYANI TEMPLE, AYYANTHOLE, THRISSUR-3). BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ---------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH & FAMILY WELFARE DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE ACCOUNTANT GENERAL (A & E) KERALA, TRIVANDRUM. 3. THE DIRECTOR OF HOMEOPATHY, TRIVANDRUM. 4. THE DISTRICT MEDICAL OFFICER (HOMEOPATHY), THRISSUR DISTRICT. BY GOVERNMENT PLEADER SRI. P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 33948/2006 N APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE ORDER NO. G1/2041/05/DMT OF THE DIST. MEDICAL OFFICER (H) THRISSUR DT. 22/09/2006. EXT.P2. COPY OF THE REQUEST OF THE PETITIONER DT. 25/09/06. EXT.P3. COPY OF THE LETTER NO. G1/2041/2005/DMT OF THE DMO DT. 18/5/2006. EXT.P4. COPY OF THE SUBMISSION OF THE PETITIONER DT. 4/6/2006. EXT.P5. COPY OF THE MEMO NO. 7324/EA5/05/DH OF THE DIRECTOR OF HOMEOPATHY DT. 08/08/2006. EXT.P6. COPY OF THE EXPLANATION OF THE PETITIONER DT. 26/08/2006. EXT.P7. COPY OF THE ORDER NO. 7335/EB3/2006/DH OF THE DIRECTOR OF HOMEOPATHY DT. 8/11/2006. EXT.P8. COPY OF THE REPRESENTATION OF THE PETITIONER DT. 20/11/2006. EXT.P9. COPY OF THE LETTER NO. G1/2041/05/DMT ALONG WITH SHOW CAUSE NOTICE DT. 6/12/2006. EXT.P10. COPY OF THE REPLY OF THE PETITIONER DT. 14/12/2006. EXT.P11. COPY OF THE COMMUNICATION NO. G. 1042/06/DMT OF THE DMO DT. 13/3/2007. EXT.P12. COPY OF THE LETTER NO. 7325/ED3/06 DH OF THE DIRECTOR DT. 08/06/2007. EXT.P13. COPY OF THE PENSION SANCTION ORDER ISSUED BY THE AG DT. 4/4/2007. EXT.P14. COPY OF THE COMMUTATION PAYMENT ORDER OF THE AG DT. 28/3/2007. RESPONDENT'S EXHIBITS EXT.R3A. COPY OF THE RESOLUTION BY KOLAZHI GRAMA PANCHAYAT DT. 16/5/2005. EXT.R3B. COPY OF THE LETTER TO HOEMO DIRECTOR BY KOLAZHI PANCHAYAT. EXT.R3C. COPY OF THE RELEVANT PAGE OF ACQUITTANCE REGISTER. True copy tga V.GIRI, J. ------------------------- W.P.(C).No.33948 of 2006 ------------------------- Dated this the 6th day of March, 2008. JUDGMENT The petitioner retired on 30.9.2006. He is aggrieved that the pensionary benefits due to him, by way of pension, Death Cum Retirement Gratuity, Commuted value of pension as also provident fund amount, have not been disbursed to him, so far. By Exts.P13 and P14, the Accountant General has sanctioned the retirement benefits due to him. They have not been disbursed so far. 2. In the counter affidavit filed by the respondents, it is stated that an enquiry was contemplated and apparently, the petitioner did not participate. But, in the meanwhile, he was permitted to retire. Apart from the retirement benefits, there is the salary for the month of October, 2004, that is due. 3. Learned counsel for the petitioner submits that this aspect may be looked into by the Director. 4. Having heard the learned counsel for the petitioner and the learned Government Pleader, the writ W.P.(C).NO.33948/06 :: 2 :: petition is disposed of directing the 3rd respondent to send authorization for disbursal of the retirement benefits due to the petitioner by way of pension, Death Cum Retirement Gratuity, Commuted Value of Pension within a period of one month from the date of receipt of a copy of this judgment, to the concerned Sub Treasury Officer. Insofar as the amounts due by way of Provident Fund, steps shall be taken to disburse the same within one month from the date of receipt of a copy of this judgment. The dispute regarding the petitioner's entitlement for salary for the month of October, 2004 shall be independently decided by the Director. If a representation is filed, the same shall be looked into and appropriate action shall be taken within two months thereafter. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge