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M.C.CHERIAN, S/O. SRI.SKARIA versus STATE OF KERALA

High Court of Kerala

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M.C.CHERIAN, S/O. SRI.SKARIA v. STATE OF KERALA - WP(C) No. 25154 of 2003(T) [2006] RD-KL 3345 (13 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 25154 of 2003(T)

1. M.C.CHERIAN, S/O. SRI.SKARIA,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

2. THE DISTRICT COLLECTOR, KASARAGOD.

3. THE DIRECTOR GENERAL,

4. THE ACCOUNTANT GENERAL (A & E), KERALA,

For Petitioner :SRI.P.R.RAMACHANDRA MENON

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :13/12/2006

O R D E R

KURIAN JOSEPH, J.

W.P.(C) No.25154 of 2003 Dated 13th December, 2006.

J U D G M E N T

The writ petition is filed mainly with the following prayers :-

(i) "Issue a writ of mandamus or such other appropriate writ or order directing the respondents to regularise the period of suspension of the petitioner ordered/revoked as per Exts.P1/P2. (ii) Issue a writ of mandamus or such other writ or order directing the respondents to disburse the pensionary benefits due to the petitioner forthwith." It cannot be disputed that as on the date of retirement of the petitioner, viz., 31.7.2000, no disciplinary action or judicial proceedings was pending against the petitioner and hence, there is no justification in denying the pensionary benefits on the ground of an alleged vigilance enquiry commenced after the retirement of the petitioner. The issue is squarely covered in favour of the petitioner by Ext.P7 judgment in O.P.24772/2000. There is no counter affidavit. Hence the writ petition is disposed of directing the respondents to regularise the suspension of the petitioner in accordance with law and take steps to fix the pension and disburse the arrears of pension and pensionary benefits WP NO.25154/03 2 within three months from the date of production of a copy of the judgment. The question of interest is left open to be pursued either before the Government or to be worked out before the civil court. The writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

O.P.No. of 2002

J U D G M E N T

Dated 13th December, 2006.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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