IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 WP(C).No. 21217 of 2008(A) -------------------------------------- PETITIONER: ------------------- JOSE P. ABRAHAM, DEPUTY DIRECTOR OF AGRICULTURE (RETD.), CHEMPANAL HOUSE, KALAKETTY.P.O, KOTTAYAM. BY ADV. SRI.GEORGE POONTHOTTAM. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.21217/2008-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. P.R. 2100701190/P-11/1/829 DTD. 06/08/07. EXT.P.2: COPY OF THE LETTER DT. 23/11/07. EXT.P.3: COPY OF THE RELEVANT PAGES OF NOTE FILE. EXT.P.4: COPY OF THE ORDER NO. SG1(8) 61678/2006 DTD. 10/01/08. EXT.P.5: COPY OF THE LETTER DT. 23/01/08. EXT.P.6: COPY OF THE G.O.(P).NO.185/2002/FIN., DTD. 27/03/02. EXT.P.7: COPY OF THE LETTER DT. 06/07/06. EXT.P.8: COPY OF THE GOVERNMENT ORDER NO. ENDT. ON AUDIT I(3) 58656/05 DTD. 28/01/08. EXT.P.9: COPY OF THE G.O.(P).386/07/FIN. DTD. 24/08/2007. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 21217 of 2008 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of March, 2011 J U D G M E N T The petitioner retired from service as a Deputy Director of Agriculture on 31.01.2007. His grievance in this writ petition is that he is not being paid his retirement benefits except provisional pension. The contention in the counter affidavit is that a vigilance case is pending against the petitioner. This court directed the learned Government Pleader to get instructions as to the present status of the vigilance case as early as on 01.01.2009. Still the Government Pleader submits that charge sheet is about to be submitted before the court, which would be done within a week. I do not think that the retired Government servant can be kept in limbo indefinitely in the name of vigilance case in the matter of payment of retirement benefits in view of the long delay likely in completing the same. Accordingly this writ petition W.P.(C)No. 21217 of 2008 -2- is disposed of with a direction to the respondents to see that all retirement benefits due to the petitioner are disbursed to him after obtaining a bond under Rule 116 of Part-III of K.S.R. The said bond shall be submitted by the petitioner within a period of one month. The retirement benefits shall be disbursed within two weeks of submission of the bond by the petitioner. If the earned leave surrender salary is due to the petitioner, the same shall also be paid along with the retirement benefits. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/