IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 5TH JUNE 2009 / 15TH JYAISHTA 1931 RP.No. 472 of 2009() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.36515/2008 Dated 11/12/2008 .................... REVIEW PETITIONER(S): RESPONDENTS IN W.P.C: --------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT,AGRICULTURAL DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF AGRICULTURE, VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. THE ACCOUNTANT GENERAL (A & E), THIRUVANANTHAPURAM. 4. THE PRINCIPAL AGRICULTURAL OFFICER, THRISSUR. BY SR.GOVERNMENT PLEADER SMT. ANU SIVARAMAN RESPONDENT(S): PETITIONER IN WPC: ----------------------------------------------------------- V.O. DAVID, S/O.OUSEPH, RETD, ASSISTANT SOIL CHEMIST, SOIL TESTING LAB, PATTAMBI, VADASSERI HOUSE, P.O. ENGAKKAD, THRISSUR- 680 589. BY ADV. MR. SHOBY K.FRANCIS THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 05/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ----------------------------- R.P No.472 of 2009-V in W.P(C) No.36515 of 2008-V ------------------------------ Dated this the 5th day of June, 2009. J U D G M E N T Heard the learned counsel appearing on both sides. 2. The respondents in W.P.(C) No.36515 of 2008-V are the petitioners in this review petition and the respondent is petitioner therein. The writ petitioner retired from service on 31.5.2006, while he was working as Assistant Soil Chemist, Soil Testing Lab, Pattambi, Palakkad. The writ petition was filed complaining about the delay in payment of terminal benefits. When the writ petition came up for admission on 11.12.2008 this Court while admitting the writ petition passed an interim order directing the respondents (review petitioners) to disburse the terminal benefits due to him after provisionally withholding the sum of Rs.75,000/- referred to in Exts.P7 and P9 within three months. In this review petition, the review petitioners/respondents contend that besides the sum of Rs.75,000/- referred to in Exts.P7 and P9, further amounts are also due from the writ petitioner and that by Annexure A1 the petitioner's liability was fixed at Rs.4,76,613/-. The review petitioners contend that in these circumstances, the interim order passed by this Court directing them to disburse the terminal benefits R.P No.472 of 2009-V 2 after provisionally withholding the sum of Rs.75,000/- may be recalled. The learned counsel for the respondent/writ petitioner opposes the prayer in this review petition. He contends that the Government have not yet fixed the liability and that the writ petitioner is not liable to pay the amounts demanded in Annexure A1. I have considered the submissions made at the Bar by the learned counsel appearing on either side. It is now evident from the materials produced in this Court that even before the writ petition was filed, Annexure A1 liability certificate had been issued fixing the sum of Rs.4,76,613/- as the writ petitioner's liability. It was without noticing this fact that this Court passed an interim order on 11.12.2008 directing disbursement of terminal benefits after provisionally withholding the sum of Rs.75,000/-. In the light of the fact that the interim order was passed without noticing the liability fixed as per Annexure A1, I am of the opinion that the interim order passed by this Court directing disbursement of the terminal benefits is liable to be recalled. The review petition is accordingly allowed and the interim order passed by this Court on 11.12.2008 directing payment of terminal benefits after provisionally withholding the sum of Rs.75,000/- is recalled. Post the wit petition as per roster after two weeks. Sd/- P.N.RAVINDRAN JUDGE ab //True Copy//