IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 3RD MARCH 2009 / 12TH PHALGUNA 1930 WP(C).No. 3724 of 2009(R) ----------------------------------- PETITIONER: --------------- K.A.SOMAN, DEPUTY COMMISSIONER (RETIRED) KRRA 53/KANNANTHODATH ROAD, EDAPPALLY P.O., KOCHI - 682 024. BY ADV. MR.VIJAYAN. K.U. RESPONDENTS: --------------- 1. COMMISSIONER, COMMERCIAL TAXES & CONVENER (DPC LOWER), PUBLIC OFFICE BUILDINGS, VIKAS BHAVAN P.O. THIRUVANANTHAPURAM. 2. JOINT COMMISSIONER - I, O/O COMMISSIONER, COMMERCIAL TAXES, PUBLIC OFFICE BUILDINGS, VIKAS BHAVAN P.O. THIRUVANANTHAPURAM. 3. ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM. 4. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MS. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No.3724 of 2009 --------------------------------------------------- Dated this the 3rd day of March, 2009 JUDGMENT The petitioner retired from service on 30.4.2008 from Commercial Taxes Department as Deputy Commissioner. The writ petition is filed seeking for a direction to respondents to consider and pass orders on the pensionary claims of the petitioner within a time frame. 2. While forwarding the pension proposals by the Joint Commissioner to the Accountant General it was noted that a disciplinary case is pending against him with the Government. The petitioner informed the 1st respondent by Ext.P2 that the disciplinary action initiated against him had been dropped and therefore the said information communicated by the Joint Commissioner to the Accountant General is not correct. Thereafter, he filed Ext.P3 representation to the first respondent seeking to expedite the pensionary proposals pending before the first respondent and this is followed by Ext.P4. By Ext.P5, the Joint Commissioner has informed the Accountant General that there is no disciplinary action pending against him at present and the pensionary claims in respect of the individual may be wpc:3724 of 2009 2 passed at the earliest. Ext.P7 is the order by which the Government has dropped the disciplinary proceedings against the petitioner. 3. The learned Government Pleader on instructions submits that already the said details have been forwarded to the Accountant General for sanctioning retirement benefits. Reminders have also been forwarded duly. 4. In the light of the above, it is for the third respondent to take up the matter and finalise them and pass orders sanctioning the retirement benefits due to the petitioner. Since he retired from service on 30.4.2008 and as there are no objections by way of pendency of any disciplinary proceedings as noticed in Ext.P1, there are no impediments for it as on today. Therefore, there will be a direction to the third respondent to take appropriate action to sanction the pension and other benefits to the petitioner within a period of two months from the date of receipt of a copy of this judgment. Petitioner will produce a copy of the writ petition along with a copy of the judgment to the third respondent for compliance. T.R.RAMACHANDRAN NAIR, JUDGE