IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 18TH NOVEMBER 2010 / 27TH KARTHIKA 1932 WP(C).No. 31720 of 2010(L) -------------------------------------- PETITIONER: ------------------- V.K.PURUSHOTHAMAN, AGED 56 YEARS, S/O.KRISHNAN, VILOPPILLIL HOUSE, NERYAMANGALAM, (RETIRED FORESTER, NERYAMANGALAM FOREST STATION). BY ADVS. SRI.T.A.UNNIKRISHNAN, SRI.K.S.PRAVEEN. RESPONDENTS: ------------------------ 1. THE FOREST RANGE OFFICER, NERYAMANGALAM RANGE, NERYAMANGALAM, PIN-686 693. 2. THE DIVISIONAL FOREST OFFICER, MUNNAR DIVISION, MUNNAR, PIN-685 612. 3. THE CONSERVATOR OF FOREST, HIGH RANGE CIRCLE, KOTTAYAM, PIN-686 001. 4. THE ACCOUNTANT GENERAL (A AND E), OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM, PIN-695 001. R1 TO R3 BY GOVT. PLEADER SRI. ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 31720 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of November, 2010 J U D G M E N T The petitioner retired as a Forester from the Forest Department of the Government of Kerala on 31.03.2010. The petitioner submits that, on a trivial charge, disciplinary proceedings have been initiated against the petitioner by Ext.P1. But the petitioner's retirement benefits are not being disbursed to the petitioner. The petitioner therefore seeks the following reliefs: “i. issue a writ of mandamus or such other writ, order or direction, directing the respondents to release the retiral/pensionary benefits due to the petitioner forthwith.” 2. The learned Government Pleader on instructions submits that, disciplinary proceedings are pending against the petitioner and therefore under Rule 3A of Part III of K.S.R., retirement benefits cannot be disbursed to the petitioner. The counsel for the petitioner points out that, Rule 3A does not authorise withholding of provisional W.P.(C)No. 31720 of 2010 -2- pension atleast. He further submits that, after his retirement more than seven months have already elapsed and it is unjust to prolong disciplinary proceedings and withhold retirement benefits due to the petitioner. 3. Having heard both sides, I dispose of this writ petition with the following directions: The petitioner shall be paid provisional pension as contemplated under Rule 3A of Part III of K.S.R. within one month from today. The disciplinary proceedings initiated against the petitioner shall be completed as expeditiously as possible, at any rate within four months from the date of receipt of a copy of this judgment. If the disciplinary proceedings are not completed within the said period, the entire retirement benefits due to the petitioner shall be disbursed to the petitioner within one month thereafter, after obtaining a bond as contemplated under Rule 116. S. SIRI JAGAN JUDGE shg/