IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 3RD JUNE 2008 / 13TH JYAISHTA 1930 WP(C).No. 4400 of 2008(W) ------------------------- PETITIONER: ------------ MOLYKUTTY P.V., CIRCLE INSPECTOR OF POLICE (RETD), CHAKKALAKAL HOUSE, MYTHREE NAGAR, VADUTHALA, ERNAKULAM - 682 023. BY ADV. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SMT.K.P.GEETHA MANI SRI.M.R.ANISON SRI.T.R.RAJESH RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVT., HOME DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, TRIVANDRUM. 3. THE ACCOUNTANT GENERAL, OFFICE OF THE ACCOUNTANT GENERAL (A & E), TRIVANDRUM - 695 039. 4. THE TREASURY OFFICER, SUB TREASURY OFFICE, ALUVA. 5. THE TREASURY OFFICER, PENSION PAYMENT TREASURY, ERNAKULAM. 6. THE COMMISSIONER OF POLICE, KOCHI CITY, ERNAKULAM. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- WP(C).NO. 4400 of 2008 --------------------------------- Dated this the 3rd day of June, 2008. JUDGMENT The petitioner who retired as Circle Inspector of Police on 30.6.2006 has approached this court seeking a direction to the second respondent to forward the last pay bill/LPC duly counter signed to the Sub Treasury Officer and for other reliefs enabling the petitioner to obtain the terminal benefits sanctioned vide Exts.P9 and P13. During the currency of the writ petition, all pensionary benefits due to the petitioner including DCRG in the cadre of Sub Inspector of Police sanctioned as per Exts.P9 and P13 have been disbursed. 2. Paragraph 4 and 5 of the affidavit filed by the petitioner on 27.5.2008 is extracted hereunder: “4. It is submitted that after perusing the documents available with the petitioner it is seen that even though Ext.P8 representation accompanied by its annexure was submitted before the 2nd respondent, the Last Salary Bill which was directed to be prepared and sent on the basis of the Last Pay Slip issued by the 3rd WPC. 4400/2008 2 respondent is not seen submitted due to the non issuance of Last Pay Slip by the 3rd respondent. However, based the request of the petitioner, during the pendency ofd the writ petition, the 3rd respondent was pleased to a communication dated 3.4.2008 as follows: “The condition regarding production of LPC/NLC noted therein may please be deleted quoting this letter as authority”. 5. It is submitted that based on the above order of the 2nd respondent the petitioner was permitted to draw her last salary from the office of the 4th respondent and consequently all the pensionary benefits due to the petitioner including the DCRG in the cadre of the Sub Inspector of Police sanctioned vide Exts.P9 and P13 were disbursed. But the sanctioning and disbursement of the pensionary benefits of the petitioner in the cadre of Circle Inspector of Police in the revised scale of pay is yet to be ordered 3rd respondent. “ 3. What therefore remains is the revision of the terminal benefits due to the petitioner applying the scale of pay applicable to the post of Circle Inspector of Police. 4. I heard learned counsel for the petitioner and the learned Government Pleader . 5. In the result, the writ petition is disposed of directing the WPC. 4400/2008 3 second respondent to pass orders as regards the revision of the terminal benefits due to the petitioner applying the scale of pay applicable to the post of Circle Inspector of Police. This shall be done, within a period of three months from the date of receipt of a copy of this judgment. It shall then be forwarded to the third respondent Accountant General who shall do the needful within one month thereafter for disbursal of the revised pension. V. GIRI, JUDGE. Pmn/ WPC. 4400/2008 4