IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR SATURDAY, THE 30TH JANUARY 2010 / 10TH MAGHA 1931 WP(C).No. 22447 of 2009(A) -------------------------- PETITIONER(S): --------------- P.A.ABDUL KAREEM, LOWER DIVISION CLERK (HIGHER GRADE)(RETD.), PADIYATH PUTHENKATTIL, SOUBHAGYA LANE, CHAKKARA PARAMBU, VENNALA P.O., COCHIN-28. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.R.SADEESAN SRI.A.HAROON RASHEED RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. 2. THE COMMISSIONER OF COMMERCIAL TAXES, TRIVANDRUM. 3. THE DEPUTY COMMISSIONER, COMMERCIAL TAXES, ERNAKULAM. GOVERNMENT PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.22447 OF 2009 APPENDIX PETITIONER's EXHIBITS: Ext.P1: true copy of communication No.G2.17123/08/C1 dated 17.6.2008 issued by the Joint Commissioner to the 1st respondent. Ext.P2: true copy of order No.1048 dated 11.11.2008 issued by the third respondent. Ext.P3: true copy of Proceedings GPO No.120937361 dated 28.1.09 issued by the Accountant General (A & E), Kerala. Ext.P4: true copy of Proceedings No.B2.28673/09/TX dated 7.7.2009 issued by the Joint Commissioner-I. RESPONDENTS' EXHIBITS: NIL C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO. 22447 OF 2009 -------------------------------------------- Dated this the 30th day of January, 2010 JUDGMENT The petitioner is a retiree from the Commercial Taxes Department, as Lower Division Clerk. He retired from its service on 31.3.2008. This Writ Petition has been filed challenging Ext.P4 proceedings dated 7.7.2009 issued by the Joint Commissioner. As per the said order, the gratuity sanctioned to the petitioner vide Ext.P3, was ordered to be withheld on account of the pendency of disciplinary action initiated against him based on the show cause notice issued on 18.8.2009. The further prayer made in the Writ Petition is for the issuance of a writ of mandamus directing the respondents to disburse gratuity sanctioned to the petitioner as per Ext.P3, the amount towards higher grade sanctioned as per Ext.P2 and the family benefits scheme with interest. In the Writ Petition, a counter affidavit has been filed by respondents 2 and 3. It has been stated therein that a decision was taken to initiate disciplinary proceedings against the petitioner. At the same time, in Paragraph 3, it has been stated thus: After retirement disciplinary action can be initiated under Rule 59(b) of Part III K.S.R. The W.P.(C) NO.22447 of 2009 2 petitioner has been served with a show Cause Notice dated 18.8.2009 under Rule 59(b) of Part III K.S.R since it has been found that there were serious lapses on the part of the officer as it has been found that he has violated Rule No.33, 34, 35, 37, 40, 48(1) & (2) of the Government Servants Conduct Rules 1960. It is thus evident from paragraph 3 that the action proposed to be initiated against the petitioner is one under Rule 59(b) of Part III K.S.R. Rule 59 (a) and (b) which are relevant for the purpose of this case, read thus: 59. Award of full pension:- (a) The full pension admissible under this rule is not to be given as a matter of course or unless the service rendered has been really approved. (b) If the service has not been thoroughly satisfactory, the Government may make such reduction in the amounts as they think proper. 2. Rule 59(b) of Part III K.S.R provides only for reduction of pension. Thus, it is obvious that the action proposed is only for reducing the pension. If that be so, there is no reason to withhold gratuity sanctioned to the petitioner as per Ext.P3 and also other amounts like higher grade sanctioned as per Ext.P2 and the family benefits scheme, any more. In such circumstances, without prejudice to the action proposed to be initiated against the petitioner under Rule 59(b) of Part III K.S.R, in accordance with law, the respondents are liable to disburse the amounts due to the petitioner under the aforesaid heads. Therefore, there shall be a direction to respondents 1 and 2 to take appropriate steps for disbursing the gratuity sanctioned to the W.P.(C) NO.22447 of 2009 3 petitioner as per Ext.P3 along with the amount due towards higher grade sanctioned to him as per Ext.P2 and also the amount payable under the family benefit scheme. Action for the said purpose shall be taken and the amount due shall be paid to the petitioner as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.22447 of 2009 4 C.T. RAVIKUMAR, J. CRL. M.C. NO. O R D E R 3rd June, 2009