IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 WP(C).No. 11657 of 2008(K) PETITIONER: DR. K.GEORGE VARGHESE, S/O.K.C.VARGHESE AGED 61 YEAR, RETD. PROFESSOR, CUSAT RESIDING AT 8A, HARBOUR POINT KURISUPALLY ROAD, RAVIPURAM, KOCHI-682 015 BY ADV. SRI.M.R.HARIRAJ SRI.SURAJ.S SRI.P.A.KUMARAN SMT.VINEETHA B. SMT.NEELIMA V.NAIR RESPONDENTS: 1. COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, REPRESENTED BY ITS REGISTRAR CUSAT CAMPUS, COCHIN. 2. STATE OF KERALA,REPRESENTED BY SECRETARY DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, TRIVANDRUM. R1 BY STANDING COUNSEL SRI.S.P.ARAVINDAKSHAN PILLAI GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER NO.FIN.II/F/913/94/IV DATED 30.12.2000 ISSUED BY THE FIRST RESPONDENT. EXT.P2 TRUE COPY OF ORDER NO.FIN.V/UGC-PR/96/2000/120 DATED 6.5.2000 ISSUED BY THE FIRST RESPONDENT. EXT.P3 TRUE COPY OF THE PAY SLIP FOR THE MONTH OF MARCH,2007 ISSUED BY THE FIRST RESPONDENT. EXT.P4 TRUE COPY OF ORDER NO.FIN.IV/328/P/2007-08 DATED 5.10.2007. EXT.P5 TRUE COPY OF THE NON LIABILITY CERTIFICATE NO.Ad.D1/01/2000 (11) DATED 29.1.2008 ISSUED BY THE FIRST RESPONDENT. EXT.P6 TRUE COPY OF THE REPRESENTATION DATED 25.2.2008 MADE BY THE PETITIONER TO THE FIRST RESPONDENT. EXT.P7 TRUE COPY OF THE STATEMENT OF ARREARS DUE TO MERGER OF DA WITH BASIC PAY W.E.F. 1.7.2004 VIDE UO NO.AD.D2/ 15784/2000. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 11657 OF 2008 K ------------------------------------------------------ Dated this the 13th January, 2009 JUDGMENT The petitioner retired as Professor in Cochin University of Science and Technology on 30.4.2007. The grievance of the petitioner is that his pensionary benefits have not been disbursed in spite of several representations having been submitted by him. Ext.P4 order dated 5.10.2007 was issued by the University stating that the petitioner is eligible for the retirement benefits mentioned therein and that sanction is accorded by the Pro -Vice Chancellor for the payment of anticipatory pension. Ext.P5 “Non Liability Certificate” was issued on 29.1.2008. In that certificate, the liabilities of the petitioner are mentioned, the total of which would come to Rs.4,54,124/-. 2. The petitioner states that no audit objections were brought to his notice. Pointing out his grievance, the petitioner submitted Ext.P6 representation dated 25.2.2008 before the first respondent. Ext.P6 is not disposed of so far. 3. The reliefs prayed for in the Writ Petition are the following: “i) To issue a writ of Certiorari or other appropriate Writ, Order or direction quashing Exhibit P5 to the extent it fixes the liability of Rs.4,54,124/- on the petitioner. W.P.(C) NO.11657 OF 2008 :: 2 :: ii) To issue a Writ of Mandamus or other appropriate writ, order or direction commanding the respondents to fix his pension on the basis of pay and allowances drawn by him at it time of his retirement and to draw and disburse the entire pension and pensionary benefits due to the petitioner with interest at the rate of 18% per annum. iii) Grant such other reliefs. iv) Grant costs of this Writ Petition.” 4. The learned counsel for the petitioner submitted that in view of the fact that Ext.P6 is pending disposal, the petitioner would be satisfied if the Writ Petition is disposed of with a direction to the respondents to disburse all the pensionary benefits and arrears of pension as sanctioned in Ext.P4, after deducting a sum of Rs.4,54,124/- (the amount being the liability fixed as per Ext.P5) and with a direction to the first respondent to consider and dispose of Ext.P6 representation. Learned counsel appearing for the first respondent submitted that Ext.P6 representation would be considered by the first respondent after affording an opportunity of being heard to the petitioner. There could be no objection to the first respondent in disbursing the pensionary benefits and the arrears payable to the petitioner in terms of Ext.P4, after deducting the liability fixed as per Ext.P5. In the facts and circumstances mentioned above, the Writ Petition is disposed of as follows: W.P.(C) NO.11657 OF 2008 :: 3 :: a) The first respondent shall disburse all the pensionary benefits sanctioned as per Ext.P4 and arrears of pension payable to the petitioner, after deducting a sum of Rs.4,54,124/-, within a period of one month from today. b) The first respondent shall consider and dispose of Ext.P6 representation submitted by the petitioner, after affording an opportunity of being heard to the petitioner, as expeditiously as possible and, at any rate, within a period of three months. c) The disbursement of the amount as aforesaid shall be without prejudice to the contentions of the petitioner in Ext.P6. (K.T.SANKARAN) Judge ahz/