IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 14TH FEBRUARY 2011 / 25TH MAGHA 1932 WP(C).No. 37597 of 2010(Y) ---------------------------------------- PETITIONER(S): ------------------------ C.A. RAJAN PILLAI, S/O.AYYAPPAN PILLAI, GEETHANJALI HOUSE, KARIMANNOOR P.O., THODUPUZHA, IDUKKI- 685 581. BY ADV. SRI.C.S.AJITH PRAKASH, SRI.T.D.SALIM, SRI.PAUL C.THOMAS. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LABOUR & REHABILITATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE LABOUR COMMISSIONER, GOVERNMENT OF KERALA, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM-1. 3. THE CHIEF INSPECTOR OF PLANTATION, ASAD LANE, KOTTAYAM-686 001. 4. INSPECTOR OF PLANTATION, PEERUMEDU, IDUKKI DISTRICT, 685 531. 5. THE DISTRICT COLLECTOR, COLLECTORATE, IDUKKI, PAINAVU P.O., 685 603. R1 TO R5 BY GOVT. PLEADER MR.SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.37597 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of February, 2011 J U D G M E N T The petitioner retired from service on 31.03.2010 as Additional Labour Commissioner of the Government of Kerala. His grievance in this writ petition is that although the petitioner has been paid pension and commuted value of pension, gratuity due to the petitioner has been withheld for want of NLC from the Labour Commissioner, Thiruvananthapuram. The petitioner specifically contends that there are no disciplinary proceedings against the petitioner. The petitioner therefore seeks the following reliefs: “i. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to issue the Non Liability Certificate to the Sub Treasury Officer, Karimannoor, Idukki without any further delay, so as to enable the petitioner to get the gratuity amount without further delay. ii. to issue a writ of mandamus or any other appropriate writ, order or direction directing the 2nd respondent to disburse the remaining pensionary benefits of the Petitioner namely the payment of gratuity amount W.P.(C)No.37597 of 2010 -2- together with interest @12% within a time limit to be fixed by the Honourable Court.” 2. A counter affidavit has been filed on behalf of the 1st respondent in which the contention taken is that although no disciplinary action has not yet been initiated against the petitioner disciplinary action is in contemplation, as is evident from Exts.R1 (a) to R1 (d) produced along with the counter affidavit. The counsel for the petitioner submits that as per judgment of this court in W.P. (C) No.19907/2006 the fact that the disciplinary action is in contemplation is not a ground to withhold DCRG due to the petitioner. 3. I have heard both parties. I am of opinion that in the particular facts of the case the respondents should disburse the DCRG due to the petitioner by following the procedure contemplated under Rule 116 of Part III KSR without prejudice to the disciplinary proceedings which may be initiated against the petitioner. Accordingly this writ petition is disposed of with a direction to the respondents to W.P.(C)No.37597 of 2010 -3- see that the DCRG due to the petitioner is paid on his executing a bond as contemplated under Rule 116 of Part III KSR without prejudice to the disciplinary proceedings that may be initiated against the petitioner. DCRG shall be disbursed within one month from the date when the petitioner executes the bond. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/