IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 26TH OCTOBER 2009 / 4TH KARTHIKA 1931 WP(C).No. 14880 of 2009(D) -------------------------- PETITIONER(S): --------------------- BALAKRISHNA PILLAI.P.K., SREEVILASOM VEEDU, THAZHUTHA, KOTTIYAM P.O., KOLLAM. BY ADV. SRI.K.SUBASH CHANDRA BOSE RESPONDENT(S): ----------------------- 1. THE CHIEF ENGINEER (HRM), KERALA STATE ELECTRICITY BOARD, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. 2. THE DEPUTY CHIEF ENGINEER, SYSTEM OPERATION CIRCLE, VYDYUTHI BHAVANAM, PATTOM, THIRUVANANTHAPURAM. ADV. SRI. ASOK M.CHERIYAN, SC, KSEB FOR R2 SRI.K.S.ANIL, SC, KSEB FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.14880/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE RELIEVING MEMO ISSUED BY THE 2ND RESPONDENT DATED 28.2.2006. EXT.P2: TRUE COPY OF THE NON LIABILITY CERTIFICATE ADDRESSED TO THE 2ND RESPONDENT. EXT.P3: TRUE COPY OF THE PROVISIONAL PENSION SANCTION ORDER ISSUED BY THE 1ST RESPONDENT DATED 8.6.06. EXT.P4: TRUE COPY OF THE OPINION OBTAINED FROM THE BOARDS ADVOCATES DT 25.6.08. EXT.P5: TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE BOARD SECRETARY SEEKING THE RELEASE OF DCRG AND CVP AS PER LETTER DT 13.8.08. EXTS. OF R1 EXT.R1(a): TRUE COPY OF GO(P) NO.803/02/FIN. DT 30.12.2002. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 14880 OF 2009 (C) ===================== Dated this the 26th day of October, 2009 J U D G M E N T Petitioner was a Driver under the Kerala State Electricity Board. Although the Assistant Engineer has issued Ext.P2 NLC indicating that the petitioner has no liability to the Board, by Ext.P3, the Chief Engineer has ordered to withheld his DCRG. Despite representations, petitioner has not been given full pension, and DCRG has also not been released. It is in these circumstances the writ petition is filed. 2. The justification offered by the respondents for payment of provisional pension and non payment of DCRG due is that two cases involving the vehicle driven by the petitioner are pending before the MACT, Mavelikkara. It is stated that in view of the pendency of the cases, having regard to Ext.R1(a) Government order, they are not in a position to release the dues to the petitioner. 3. Petitioner submits that the two cases pertain to an accident involving Jeep No.KL-2 D 4624 driven by the petitioner. WPC 14880/09 :2 : Referring to Ext.P4, an opinion given by the lawyer appearing for the Board in the MACT cases, petitioner submits that the vehicle was covered by an insurance with the United India Assurance Company, Kollam Branch. It is also his case that there is no liability that is due from him and that in any event, even the pendency of the MACT cases cannot stand in the way of the respondents in releasing the dues. 4. As already stated, it is the case of the petitioner that although the MACT cases pertain to a single accident involving the jeep mentioned above, from Ext.P4, it would appear that the jeep was covered by an insurance policy as well. In that view of the matter, particularly that the petitioner has a valid licence, no liability is likely to be fastened on him. If that be the situation, there is no reason why the benefits due to the petitioner shall not be released. Therefore, I dispose of this writ petition directing that on the petitioner executing a bond undertaking to discharge the liability, if any, to the respondents on the disposal of the MACT cases now pending, the 2nd respondent shall release the DCRG due to the WPC 14880/09 :3 : petitioner, as also the pensionary benefits that are due. Once the petitioner executes the bond as above, benefits due shall be released, as expeditiously as possible, at any rate within 4 weeks thereafter. ANTONY DOMINIC, JUDGE Rp