IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 WP(C).No. 2178 of 2008(H) ------------------------- PETITIONER: ------------- V.U.VARKEY, AGED 57 YEARS, S/O. ULAHANNAN, SALE TAX OFFICER (RTD.), VAZHEPLAMKUDIYIL, PUTHUPARIYARAM P.O., CHITTOOR, THODUPUZHA-685 599. BY ADV. SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G RESPONDENTS: ----------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY FINANCE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMISSIONER OF TAXES, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 3. DEPUTY COMMISSIONER OF TAXES, COMMERCIAL TAXES DEPARTMENT, PATHANAMTHITTA. 4. INTELLIGENCE OFFICER, COMMERCIAL TAXES, IDUKKI, THODUPUZHA. 5. THE ACCOUNT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM. 6. SUB TREASURY OFFICER, SUB TREASURY, THODUPUZHA. BY GOVERNMENT PLEADER, SRI.BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- W.P(C) No. 2178 OF 2008 ----------------------------------- Dated this the 3rd day of March, 2008 JUDGMENT Petitioner who retired from service on 30.06.05 as Sales Tax Officer from the office of the Deputy Commissioner of Taxes, Commercial Taxes Department, Pathanamthitta, has approached this Court, aggrieved by the delay in disbursal of retirement benefits due. On instructions learned Government Pleader makes available a copy of an order dt.06.02.08, which reads as follows: “Sanction is accorded for the payment of Rs.5,471 per month(Rupees five thousand four hundred and seventy one only) with effect from 1.7.05 towards pension and Rs.1,86,316/- (Rupees One lakh eighty six thousand three hundred and sixtenn only) payable in lump towards DCRG to Shri.V.U. Varkey, Manager(Rtd), Office of the Deputy Commissioner, Commercial Tax Department, Pathanamthitta. Sanction is also accorded for the payment of Rs.5,471 (Rupees five thousand four hundred and seventy one only) per month up to 04.06.2012 and Rs.3,981/- per month(Rupees three thousand nine hundred and eighty one only) thereafter to Smt.Chinnamma T.J. wife of the pensioner towards family pension. The pension/DCRG/Family Pension are payable at the Sub Treasury,Thodupuzha. The sanction is subject to the condition that if the amount now sanctioned is afterwards found to be in excess of what is WPC No. 2178 OF 2008 2 entitled under rules, such excess amount will be refunded to State Government.” The above order is recorded. The Writ Petition is disposed of in the following terms: The 2nd respondent, Commissioner of Taxes, shall take appropriate action to see that the NLC/LC is issued to the petitioner at the earliest and at any rate, on or before 30.04.08. The petitioner has a grievance that salary for the period comprised of the time taken by the petitioner from the date of relief from Thodupuzha and the date of reporting for duty at Pathanamthitta, namely, 13.06.06 till 16.06.06, has not been taken into account. This shall also be looked into by the 2nd respondent. Necessary authorization may be issued to entitle the petitioner to receive the terminal benefits as already sanctioned subject to the NLC/LC to be issued. Petitioner’s claim for interest is left open to be agitated before a civil court. V. GIRI, JUDGE ttb WPC No. 2178 OF 2008 3 WPC No. 2178 OF 2008 4