M C CHERIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE writ petition is filed mainly with the following prayers :-

(2.) 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 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.