IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 WP(C).No. 8737 of 2008(M) PETITIONER: M.K.SHILY, W/O.V.A.VALSAN (LATE), SREEVALSAM, VINAYAGA NAGAR, THEKKEPURAM, MANNARKKAD P.O., PALAKKAD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENTS: 1. THE DISTRICT MEDICAL OFFICER, PALAKKAD. 2. THE SECRETARY TO GOVERNMENT, HEALTH DEPARTMENT, SECRETARIAT, TRIVANDRUM. 3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, TRIVANDRUM. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.8737 of 2008 ------------------------- Dated this the 26th day of March, 2008. JUDGMENT The petitioner, who is the widow of late V.A.Valsan, who died in harness, while working as Lower Division Clerk in the Primary Health Centre, Kumaramputhur, is aggrieved by the non-disbursement of the pensionary benefits due under the account of her late husband. Late Valsan was arrayed as the first accused in two criminal cases, which were instituted before the Enquiry Commissioner and Special Judge, Kozhikode as C.C.No.6/06 and 7/06 for offences under the Prevention of Corruption Act as also under Sections 409 and 477A of the Indian Penal Code. Valsan died during the pendency of the proceedings before the Special Judge and this has been taken note of by the Special Judge as evidenced by Exts.P2 and P3. In the circumstances, the pendency of the criminal proceedings, as such, is no longer a relevant factor insofar as the disbursal of the pensionary benefits of Valsan are concerned. W.P.(C).NO.8737/08 :: 2 :: 2. In the result, the writ petition is disposed of directing the 1st respondent to issue NLC/LC in relation to late Valsan. This may be done within a period of three months from the date of receipt of a copy of this judgment. In the meanwhile, the petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 2nd respondent within a period of one month, who shall, thereafter, forward the papers to the Accountant General, for computing and sanctioning the retirement benefits under the account of V.A.Valsan. The Accountant General shall do so within three months from the date of receipt of a copy of this judgment. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge