Mable. M, Junior Superintendent vs State of Kerala and The District Treasury Officer

S. Siri Jagan, J.—While the petitioner was working as a Senior Accountant in the District Treasury, Thiruvananthapuram, a criminal case was registered against her. The Enquiry Commissioner and Special Judge, Thiruvananthapuram, by judgment dated 31.7.2009 in C.C. Nos. 9 to 14 of 2006 found the petitioner not guilty of the charges levelled against the petitioner. The petitioner retired from service on 31.3.2010. However, the petitioner''s terminal benefits except pension and commuted value of pension have not been released to the petitioner, is the grievance of the petitioner in this writ petition. The petitioner, therefore, seeks the following reliefs:

a) Issue a writ of mandamus or any other appropriate writ order or direction, compelling and commanding the respondents to implement the Ext.P1 judgment and to grant her due promotions and to consider her for promotions that are due to the petitioner and to re-fix the pension and other benefits accordingly expeditiously and within a time frame that this Hon''ble Court may consider reasonable.

b) Issue a writ of mandamus or any other appropriate writ order or direction, compelling and commanding the respondents to disburse the terminal benefits due to the petitioner including DCRG expeditiously and within a time frame that this Hon''ble Court may consider reasonable.

c) Issue a writ of mandamus or any other appropriate writ order or direction, compelling and commanding the third respondent to consider Ext.P7 representation in accordance with law and to pass appropriate orders thereon notwithstanding the pendency of Ext.P4 proceedings of this Hon''ble Court.

The learned Government Pleader points out that as is evident from Ext.P4, the State has taken up the matter before this Court against the judgment of the lower court and, therefore, pending disposal of those proceedings, other retirement benefits of the petitioner cannot be released.

I am of opinion that it is exactly for covering such a situation that Rule 116 of Part III of Kerala Service Rules is incorporated in the Rules. The appeal filed by the Government before this Court is of the year 2010. It is common knowledge that it would take some time for this Court to consider the appeal and pass a final judgment. Therefore, I am of opinion that this is a fit case where the balance retirement benefits due to the petitioner can be directed to be disbursed to the petitioner after obtaining a bond as provided in Ruling 1 of Rule 116 of Part III of KSR. Accordingly, this writ petition is disposed of with a direction to the respondents to release the balance retirement benefits due to the petitioner after obtaining a bond as provided under Ruling 1 of Rule 116 of Part III of the KSR. The same shall be done, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.