IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 26TH FEBRUARY 2009 / 7TH PHALGUNA 1930 WP(C).No. 30750 of 2008(I) ----------- -------------------------- PETITIONER(S): ------------------------ P.K.THANKAPPAN, C/O ADV.D.SREEKUMAR, SAUVARNIKA, VENNALA P.O., ERNAKULAM , PEON VADAVUKADU PUTHUNCRUZ, GRAMA PANCHAYATH P.O., PUTHANCRUZ, ERNAKULAM. BY ADV. MR.D.SREEKUMAR RESPONDENT(S): -------------------------- 1. THE SECRETARY, LOCAL ADMINISTRAION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURM. 2. THE DISRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF PANCHAYATH, ERNAKULAM. 4. THE SECRETARY, VADAVUKODE-PUTHENCRUZ GRAMA PANCHAYATH, PUTHENCRUZ P.O., ERNAKULAM. BY GOVERNMENT PLEADER MR.ANTONY MUKKATH ADVS. MR.M.P.MADHAVANKUTTY FOR R4 MR.GOKUL DAS V.V.H. FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.30750/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ADMISSION REIGSTER ISSUED BY THE HEAD MASTER, MKH SCHOOL VENGOOR. P2:- COPY OF THE REQUEST FOR VRS (DT. 31.10.05, 28/12/05, 08/07/08). P3:- COPY OF THE SERVICE PARTICULARS OF THE PETITIONER WHICH WAS FORWARDED FROM THE 4TH RESPONDENT. P4:- COPY OF THE COMMUNICATION RECEIVED FROM THE 3RD RESPONDENT DT. 23.7.07. /TRUE COPY/ P.A. TO JUDGE tss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.30750/2008-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 26th day of February, 2009 J U D G M E N T The petitioner was working as Peon in the Puthencruz Grama Panchayat. The main prayer in the writ petition is for a direction to the respondents to sanction and disburse voluntary retirement pension or superannuation pension salary and allowances including the 2005 pay revision benefits. He retired from service on 30/09/2008. 2. Heard the learned Government Pleader for the respondents and the learned Standing Counsel appearing for the fourth respondent. The fourth respondent has filed a statement to the effect that the petitioner has to approach the fourth respondent Grama Panchayat and submit all necessary papers and further that, 2005 pay revision benefits is to be sanctioned by the Government. The learned Government Pleader on instructions from the Deputy Director of Panchayats, Ernakulam submitted that the only thing which is available in regard to the sanction of pensionery benefits is the service book of the petitioner. The required documents as photograph (4 nos.) of the petitioner and his wife, pension book (2 nos.) descriptive roll (2 nos.) etc. are not yet submitted by the petitioner to the office of the Deputy Director till date. It is pointed out that only after getting the above W.P.(C) No.30750/2008 -:2:- documents, pension proposal can be forwarded to the Accountant General (A&E) Kerala, Thiruvananthapuram. It is pointed out by the respondents that he is entitled for superannuation pension, and not pension on voluntary retirement. The said application was rejected as per letter dated 20/07/2008 of the Deputy Director of Panchayats. 3. The learned counsel for the petitioner submits that the petitioner will produce the above materials before the fourth respondent Panchayat without delay. On receipt of the same, the fourth respondent Panchayat will forward the application and other materials to the office of the third respondent forthwith. The third respondent will take appropriate action to see that the necessary sanction is issued from the office of the Accountant General. Appropriate action shall be finalised within a period of three months from the date of receipt of the copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms