GOPALAKRISHNA PILLAI K.R Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is stated to have retired as an Assistant Engineer from the services of the Kerala Water Authority, has approached this Court complaining that even though it has been more than 7 years after he has superannuated, he has not been paid his eligible Death-cum-Retirement Gratuity (DCRG for short); and therefore, prays that the same be directed to be disbursed to him at the earliest.

(2.) Sri.S.Aneesh - learned counsel for the petitioner, concedes that a vigilance enquiry against his client had been ordered during the time when he was in service, but that this is not a valid reason why the Water Authority can refuse to disburse the DCRG, particularly in view of the emphatic declaration of law by the learned Full Bench of this Court in Chandran v. Local Self Government Department [2020(5)KLT 669 (FB)]. He, therefore, prays that the Water Authority be directed to disburse the DCRG to his client at the earliest.

(3.) In response, Smt.Mary Benjamin - learned Standing Counsel for the Water Authority, submitted that the petitioner's DCRG has been withheld only because vigilance proceedings against him are still continuing and therefore, that this Court may not direct her client to pay the same, until the said proceedings are completed.