M BALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is aggrieved by the delay in settling the pensionary benefits. The surviving grievance is only with regard to interest. The same was rejected as per Ext.P8 on the ground that the criminal case was pending. It is seen from Ext.P5 that there was no involvement of the petitioner and hence there was no objection in releasing the pensionary benefits to the petitioner. The petitioner retired from service on 31.12.1997. According to the petitioner even assuming criminal case was pending the benefits should be disbursed after one year of retirement. It is further submitted that in any case if at all any recovery is to be made from the DCRG, the liability should be fixed within three years and hence after three years the petitioner is certainly entitled to get interest. As far as the second submission is concerned, there cannot be any dispute, the position being well settled. Therefore, the petitioner will be entitled to get interest at the rate of 8% with effect from the 1.1.2001, the date of expiry of three years after retirement. This shall be disbursed within a period of two months from the date of production of a copy of this judgment. As far as the first submission is concerned, petitioner may pursue the matter before the Government in which case the matter will be duly considered by the Government with notice to the petitioner and appropriate action thereon in accordance with law will be taken within another three months, adverting to the contentions taken by the petitioner. It is also made clear that the petitioner is free to workout the same before the Civil Court. The writ petition is disposed of as above.