IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 31291 of 2008(A) -------------------------- PETITIONER(S): --------------- T. MADHAVA VARIER, AGED 62 YEARS, S/O. SULA VARIER, RETIRED VILLAGEMAN, THERTHALA HOUSE, KANNOOL VIA, KALLIYASSERY, KANNUR. BY ADV. SRI.U.BALAGANGADHARAN SRI.G.GIREESH RESPONDENT(S): --------------- 1. THE DISTRICT COLLECTOR, KANNUR. 2. THE ACCOUNTANT GENERAL (A&E), THIRUVANANTHAPURAM. 3. THE DIRECTOR OF VIGILANCE VACB, THIRUVANANTHAPURAM. 4. THE COMMISIONER (LAND REVENUE), THIRUVANANTHAPURAM. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R2 GOVERNMENT PLEADER SRI. P. NANDAKUMAR ASG SRI. T.P.M. IBRAHIM KHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. Proceedings of the second respondent No.P-11/penA/239/AT/06-07 dated 2.1.07. Ext.P2. G.O(P) 185/2002/Fin dated 27.3.2002. Ext.P3. Representation of the petitioner dated 16.7.2007 to R1,R2 and LCR Commissioner. Ext.P3(a). Letter NO.FB A11-35242/07 dated 29.10.2007 of the 4th respondent. Ext.P4. judgment in WP(c).No.30716/07 dated 17.10.2007. // true copy // P.A to JUDGE. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.31291 OF 2008 (A) -------------------------------------------------- Dated this the 9th day of November, 2009 J U D G M E N T Petitioner retired from service as Villageman on 31.10.2006. According to the petitioner, for the reason that a vigilance case is pending since 2004, his DCRG has not been disbursed. It is also his complaint that he is getting only provisional pension and as a result of which the commuted value of pension is also not disbursed. It is with this grievance that this writ petition is filed. 2. As noticed, more than 3 years have elapsed since the retirement of the petitioner. If that be so, no benefits due to the employee could be withheld beyond 3 years and this position is settled by this court in the judgment in Aranvindhaksha Panicker V. Accountant General (2007(4) KLT 1031). 3. Therefore, the writ petition is disposed of directing that the DCRG and full pension shall be released to the petitioner, after deducting the amount already received by the petitioner towards provisional pension. Benefits shall be disbursed within two months from the date of production of a copy of this judgment. WPC.No.31291 /08 :2 : Of course, this shall be without prejudice to the right of the Government to recover loss, if any, in accordance with law. (ANTONY DOMINIC) JUDGE vi/