IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 7TH NOVEMBER 2007 / 16TH KARTHIKA 1929 WP(C).No. 28817 of 2007(E) PETITIONER: A.K.SANTHAKUMARI, DEPUTY SECRETARY TO GOVERNMENT(RETD.),, SANTHI, K.P.10/156, NCC ROAD, PEROORKADA P.O., THIRUVANANTHAPURAM. BY ADVS. SRI.M.BALAGOVINDAN SRI.M.R.SASITH RESPONDENTS: 1. STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. AUDIT AND ACCOUNTANT GENERAL(KERALA), OFFICE OF THE AUDIT AND ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER SRI.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.28817 of 2007 E ------------------------- Dated this the 7th day of November, 2007. JUDGMENT The petitioner retired from the Government Secretariat on 31.7.2005. She is aggrieved that retirement benefits like the commuted value of pension and Death cum Retirement Gratuity {for short 'DCRG'} have not been disbursed to her. 2. Ext.P1 memo of charges is issued on 29.7.2005, just prior to the retirement of the petitioner. The allegation in Ext.P1 is that the petitioner had availed loans from various banks, but had failed to repay the same. Petitioner submitted Ext.P2 explanation thereto. The proceedings in pursuance to Ext.P1 has not been finalized. 3. In the counter affidavit filed by the respondents, it is pointed out that altogether the petitioner had incurred a liability of Rs.18,40,084/- as on 20.7.2004 on account of several loans she had availed and also for having stood as surety in relation to certain loans. Government has taken a decision under Rule 59(b) of the Kerala Service Rules to reduce the petitioner’s pension. W.P.(C).NO.19080/07 :: 2 :: 4. Insofar as the departmental proceedings against the government servant is concerned, this court has held that the fixation of liability need not await the completion of the disciplinary proceedings. Further, even when departmental proceedings are pending, the retired government servants are entitled to provisional pension. 5. After having heard learned counsel for the petitioner and the learned Government Pleader, the writ petition is disposed of as follows: (a) Petitioner shall approach the second respondent with a representation, along with a copy of this judgment, within a period of two weeks from the date of receipt of a copy of the same. (b) On receipt of the said representation, the second respondent shall issue a notice to the petitioner regarding fixation of liability, if any, incurred by the petitioner, within two months thereafter. (c) Petitioner shall file objections within four weeks from the date of receipt of the notice. (d) Second respondent shall hear the petitioner before finalization of the liability, insofar as the petitioner is concerned, within two months thereafter. W.P.(C).NO.19080/07 :: 3 :: (e) After completion of the above proceedings, liability certificate/non-liability certificate shall be issued to the petitioner and thereupon, the DCRG due to the petitioner, at that point of time, shall be disbursed within a period of one month thereafter. (f) Pending finalization of the departmental proceedings as evidenced by Ext.P1, petitioner shall be paid provisional pension and an appropriate decision in this regard shall be taken by the second respondent within a period of two months from the date of receipt of a copy of this judgment. (g) Insofar as the proceedings under Rule 59(b) of Part III of the Kerala Service Rules are concerned, the Government is at liberty to proceed with the same in accordance with law. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge