IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 25404 of 2004(Y) -------------------------- PETITIONER: --------------- P.A.SALAHUDEEN, S/O.AMEER PILLAI, AGED 55 YEARS, HARIS LAND, P.O.NAGAROOR, KILIMANOOR, TRIVANDRUM, RTD.VILLAGE OFFICER, AYIROOR VILLAGE OFFICE. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: --------------- 1. THE STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY COMMISSIONER, LAND REVENUE, PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, TRIVANDRUM. 3. THE ACCOUNTANT GENERAL (A&E)KERALA, TRIVANDRUM. BY GOVERNMENT PLEADER SRI. MUHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2008, THE COURT ON 18/12/2008 DELIVERED THE FOLLOWING: KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.25404 of 2004 ---------------------------------------------- Dated 18th December, 2008. J U D G M E N T Petitioner attained the age of superannuation on 31.5.2004, while he was continuing under suspension. He is aggrieved since his pension and pensionary benefits are not sanctioned. It is seen from the counter affidavit that provisional pension has been sanctioned to the petitioner with effect from 1.6.2004. It is also stated that a vigilance case registered under the provisions of Prevention of Corruption Act against the petitioner has been pending investigation and therefore, the disciplinary proceedings have not been finalized. Now that four years have elapsed after the superannuation of the petitioner, there is no point in delaying the proceedings any further. It is seen from Ext.P2 decision of this court that on mere registration of a vigilance case, the pensionary benefits cannot be denied to an incumbent. There will be a direction to the respondents to take appropriate action in the matter of disbursement of the pensionary benefits to the petitioner, in the light of Ext.P2 decision, within a period of two months from the date of WP(C) NO.25404/04 2 production of a copy of the judgment along with a copy of the writ petition. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.25404 of 2004 ---------------------------------------------- J U D G M E N T Dated 18th December, 2008.