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1997 Supreme(Ker) 352

C.S.RAJAN
Paulose – Appellant
Versus
State of Kerala – Respondent


Judgment :-

C.S. Rajan, J.

The petitioner retired from service on 31.8.1996 as Superintending Engineer in the Irrigation Department. As per Ext. PI order dated 21.1.1997 the third respondent admitted the pensionary claims of the petitioner including DCRG, family pension and commuted value of pension. By Ext. P2 dated 24.9.1996, the Superintending Engineer submitted to the second respondent the Non Liability Certificate in respect of the petitioner for the periods from 15.5.93 to 1.9.94,1.9.94 to 28.3.95 and from 5.4.95 to 18.9.95. By Ext. P3, the Superintending Engineer submitted to the second respondent the Non Liability Certificate for the period from 19.9.95 to 31.8.96. Thereafter by Ext. P4 dated 15.4.97 the second respondent sanctioned only a provisional pension being 75% of the full pension. This was on the basis of R.3A(a) of Part III of the K.S.R. Ext. P4 also stated that six cases are pending finalisation against the petitioner in the Vigilance branches of the Department. Therefore, the petitioner has filed this Original Petition to grant all the retirement benefits pursuant to Exts. PI to P3.

2. Statements have been filed on behalf of the second respondent and the Directora

















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