IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 9760 of 2009(L) ------------------------- PETITIONER: --------------- M.MASOOD KUNJU, (DEPUTY TAHASILDAR, TALUK OFFICE NEDUMANGAD, RETIRED ON 31.10.2003), SHINY MENZIL, PANAYAMUTTAM P.O., NEDUMANGAD, THIRUVANANTHAPURAM. BY ADV. SRI.K.P.RAJEEVAN RESPONDENTS: --------------- 1. STATE OF KERALA, REP.BY ITS SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM. 4. THE TAHSILDAR, TALUK OFFICE, NEDUMANGAD, THIRUVANANTHAPURAM. 5. JOINT SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.9760 of 2009 -------------------------- Dated this the 26th March,2009 J U D G M E N T The petitioner, while working as Deputy Tahasildar, retired from service on 31.10.2003. But still the DCRG has not been disbursed to him. 2. Before retirement, he was suspended from service on the allegation of issuance of a solvency certificate. He was issued with memo of charges and later was reinstated in service. Exhibit-P1 is the copy of the charge memo to which the petitioner has submitted Exhibit-P2 3. Some other officers including Village Officers and Tahsildars were also suspended from service and they have also been subjected to disciplinary action. Ultimately the disciplinary action against the similarly placed persons were dropped and it is pointed out that the concerned Tahasildar has already received the entire DCRG,. This is evidenced by Exhibit-P3 dated W.P ( C) No.9760 of 2009 2 15.11.2005 . The only role of the petitioner was to forward the report of the Village Officers for issuance of solvency certificates to the Tahasildar. It is submitted that no loss has been caused to the Government in the matter. 3. Repeated representations have been submitted by the petitioner seeking to disburse the DCRG and other benefits . Earlier he had approached this Court by filing WPC No. 12149 of 2007 and pursuant to the directions issued in Exhibit-P5 judgment dated 18.12.2007, the 5th respondent issued an order directing to release the pensionary benefits to the petitioner including the DCRG. But only the DCRG at a lower rate was paid to the petitioner and other pensionary benefits were not paid to him. In these circumstances, he has filed a detailed representation as per Exhibit-P6 before the 1st respondent requesting to sanction and regularize the suspension period as duty and disburse to him the amount on account of terminal benefits, leave surrender, arrears of increment, pay, pension, DCRG and Commuted Value of Pension etc. 4. Petitioner seeks for a direction to the W.P ( C) No.9760 of 2009 3 Government to take a decision on Exhibit-P6 within a time frame. 5. In the result, the writ petition is disposed of directing the 1st respondent to take a decision on Exhibit P6. after hearing the petitioner, within a period of four months from the date of receipt of a copy of this judgment. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.9760 of 2009 4 W.P ( C) No.9760 of 2009 5