IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 WP(C).No. 21298 of 2010(J) -------------------------- PETITIONER(S): -------------------- 1. MANILAL K.B, DRIVER HEAD CONSTABLE DVR H.C.E-5661 (RETIRED) KATTAYIL HOUSE KATTAYIL ROAD,KALOOR PO,KOCHI-17. 2. JABBAR V.A, DRIVER HEAD CONSTABLE DVR H.C.E-5661 (RETIRED) VAKUMPPARAMBIL HOUSE 46/B KOLATHERI ROAD, PETTA, POONITHURA PO ERNAKULAM DISTRICT. BY ADV. SRI.T.R.RAJESH RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT ,HOME DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-1 2. THE ACCOUNTANT GENERAL (A &E) OFFICE OF THE ACCOUNTANT GENERAL, KERALA, THIRUVANANTHAPURAM-1. 3. THE COMMISSIONER OF POLICE KOCHI CITY, OFFICE OF THE COMMISSIONER OF POLICE ERNAKULAM-31 GOVT.PLEADER SRI.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 21298 OF 2010 (J) ===================== Dated this the 9th day of July, 2010 J U D G M E N T According to the petitioners, they retired from the service as Head Constables on 31/3/2010. By Exts.P1 and P2 series of orders, pension and other benefits were sanctioned to them. However, the case of the petitioners is that since non liability certificate have not been issued, the benefits due under Exts.P1 and P2 are not disbursed. It is stated that the reason for not issuing the non liability certificate is that the Government of Kerala had issued orders regulating time bound higher grade granted to the petitioners. Those orders were challenged by the petitioners in WP(C) No.20787/03. It is stated that during the pendency of the writ petition, Government issued Exts.P5 and P6, as a result of which, the proceedings, which was the subject matter of the writ petition mentioned above have become irrelevant. 2. Be that as it may, petitioners submit that ignoring Exts.P5 and P6, the Director General of Police issued Ext.P7 order directing recovery of the amounts from the petitioners. These WPC No. 21298/10 :2 : orders were challenged by them in WP(C) No.14244/09 and by Exts.P8 and P9 orders, the aforesaid orders have been stayed by this Court. It is stated that it is on account of the aforesaid proceedings that the non liability certificates have not been issued. In this writ petition, what is sought for by the petitioners is to direct the respondents to disburse the terminal benefits that are due. 3. Having regard to the pendency of the proceedings evidenced by Exts.P8 and P9 orders of this Court, if non liability certificate is not issued, this Court cannot find fault with the respondent. At this stage, counsel for the petitioners submit that irrespective of the pendency of the WP(C) No.14244/09 and Exts.P8 and P9, petitioners are entitled to be disbursed terminal benefits at the rate as admitted by the respondents. 4. Having regard to the fact that the petitioners are retired servants, they are entitled to be paid terminal benefits atleast at the rate as admitted by the respondents. For quantification of the admitted liability that is due to the petitioners, the pendency of Exts.P8 and P9 proceedings cannot stand in the way. WPC No. 21298/10 :3 : 5. Therefore, I dispose of this writ petition directing that irrespective of the pendency of WP(C) No.14244/09, in which Exts.P8 and P9 orders are passed and if no other liability is due from the petitioners, the respondents shall take steps for disbursing the amounts that are admittedly due to the petitioners and in order to enable release of such amounts, necessarily liability/non liability certificate shall be issued. Petitioner to produce a copy of this judgment before the 3rd respondent for taking further action. ANTONY DOMINIC, JUDGE Rp