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2026 Supreme(Online)(Ker) 14317

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
ROBINS NJ – Appellant
Versus
STATE OF KERALA – Respondent
WP(C) NO. 33595 OF 2023



Advocates:
For the Appellants/Petitioners: SRI.MANU GOVIND, SHRI.A.JAYASANKAR
For the Respondents: SHRI.ANTONY MUKKATH, SHRI.REGI MATHEW, SHRI.JOY V. JOSEPH, SRI. SUNIL NATH

Court affirms obligation of state authorities to disburse retirement benefits once disciplinary proceedings are resolved.

Headnote:The petitioner, a former Upper Division Typist, challenged the respondent's failure to disburse retirement benefits post compulsory retirement following a prior disciplinary action. The Court noted the dismissal of the prior case, CRP(Uty) No.3/2019, and directed compliance for benefit disbursal. The primary question addressed was the responsibility of state authorities to fulfill payment obligations in law once disciplinary matters resolve. The Court affirmed the need for immediate disbursement as per existing orders.

Table of Content
1. petitioner's former employment status and benefits challenged. (Para 2 , 3)
2. court mandates compliance following dismissal of prior proceedings. (Para 4 , 5)
3. court confirms immediate disbursal of retirement benefits. (Para 6)

JUDGMENT

Heard Sri. A. Jayasankar, the learned counsel for the petitioner as well as Sri. Sunil Nath, the learned Government Pleader appearing for respondents Nos.1 to 3 and Sri. Antony Mukkath, the learned counsel appearing for the 4th respondent.

2. The petitioner is stated to have been an Upper Division Typist to the 4th respondent college who was charge-sheeted and awarded a punishment of compulsory retirement from 01.08.2017. The afore decision was the subject matter of challenge in CRP (Uty) No.3/2019 before this Court.

3. The petitioner complains that his retirement benefits including monthly pension, commuted value of pension, Death cum Retirement Gratuity, etc., were not paid to him, essentially on account of the pendency of CRP (Uty)

No.3/2019.

4. On 25.08.2025, this Court issued the following directions:

“The prayer in the writ petition is for a direction to disburse the retirement benefits. In the counter affidavit of the 3rd respondent it has been stated that CRP(UTY) No.3/2019 filed by the petitioner is pending before this Court and the retirement benefits can be disbursed only after the said proceedings are over.

2. When the case is taken up, the counsel for the petitioner submitted that by judgment dated 02.04.2025, CRP(UTY) No.3/2019 has already been dismissed by a Division Bench of this Court. In the above circumstances, there will be a direction to the respondents to take necessary steps for disbursal of the retirement benefits in accordance with law within one month from today. “

5. I am of the opinion that, in so far as the CRP (Uty) No.3/2019 has already been dismissed, the respondents require to take steps for disbursing the retirement benefits for the petitioner as already directed by this Court on

25.08.2025.

6. Though the counsel for the petitioner states that in spite of the direction dated 25.08.2025, the retirement benefits are yet to be disposed of, I am of the opinion that this writ petition can be disposed of in terms of the Interim order dated 25.08.2025.

In such circumstances, this writ petition would stand disposed of in terms of the Interim order dated 25.08.2025. There will a direction to the 4th respondent to take immediate steps for disbursing the retirement benefits to the petitioner herein.

Sd/-

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