Full Judgment
IN THE HIGH COURT OF KERALAATERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM MONDAY, THE17H DAY OF FEBRUARY201428TH MAGHA, 1935 WP(C).No. 3748 of 2014 (P) --------------------------- PETITIONER: -------------------- V.K.MOHANAN PATHUTHAYYIL, ARYAD NORTH, MANNANCHERRYP O KOMALAPURAM, ALAPPUZHA (RETIRED SANITATION WORKER ALAPPUZHA MUNICIPALITY) BY ADV. SRI.C.A.RAJEEV RESPONDENTS: ------------------------ 1. ALAPPUZHA MUNCIPALITY MUNICIPAL BUILDING, ALAPPUZHA-688001 REP BY ITS SECRETARY2 DIRECTOR OF URBAN AFFAIRS TRIVANDRUM-695001 R1 BYADV.SRI.AZAD BABU, STANDING COUNSEL, ALAPPUZHA MUNICIPALITY R2 BY GOVERNMENT PLEADER SRI. M.A. FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1702-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 3748 of 2014 (P) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT. P1:- TRUE COPY OF LETTER DTD1911/2013 OF THE DEPUTY DIRECTOR, LOCAL FUND AUDIT ,ALAPPUZHA EXT. P2:- TRUE COPY OF APPLICATION DTD1510/2013 MADE BEFORE THE PUBLIC INFORMATION OFFICER, ALAPPUZHA MUNICIPALITY EXT. P3:- TRUE COPY OF COMMUNICATION DTD1412/2013 FROM THE PUBLIC INFORMATION OFFICER, ALAPPUZHA MUNICIPALITY EXT. P4:- TRUE COPY OFAPPLICATION DTD1612/2013 MADE BEFORE THE APPELLATE AUTHORITY, ALAPPUZHA MUNICIPALITY UNDER THE RIGHT TO INFORMATION ACT EXT. P5:- TRUE COPY FO THE COMMUNICATION DTD271/2014 FROM PUBLIC INFORMATION OFFICER, ALAPPUUZHA MUNINCIPALITY EXT. P6:- TRUE COPY OF COMMUNICATION DTD161/2013 FROM THE APPELLATE AUTHORITY,ALAPPUZHA MUNICIPALITY UNDER THE RIGHT TO INFORMATION ACT EXT. P7:- TRUE COPY OF THE WEDDING INVITATIONCARD OF PETITIONER'S DAUGHTER DTD NIL RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE sou. C.K. ABDUL REHIM, J.
------------------------------------ W.P.(C). Nos. 3748 of 2014 & 3760 of 2014 --------------------------------------------------- Dated this the 17th day of February, 2014 JUDGMENT
The petitioners in these writ petitions are 'Sanitary Workers' retired from the service of the 1st respondent Municipality. The petitioners in WP(C) No. 3760/2014 were retired on 31.10.2010 and 31.07.2012, respectively. The petitioner in WP(C) No.3748/2014 retired on 31.05.2012. Grievance of the petitioners is regarding non-payment of terminal benefits due to them, such as Death Cum Retirement Gratuity, commuted value of pension, terminal leave surrender, DA arrears, pension arrears etc.
2. Learned standing counsel appearing for the 1st respondent Municipality submitted that, the delay in payment of the eligible amounts is only due to paucity of funds, because of stringency of the financial position of the 1st respondent Municipality. Employees who retired as early in the year 2010 onwards cannot be denied of the terminal benefits, indefinitely. It is for the 1st respondent W.P.(C). Nos. 3748 of 2014 & 3760 of 2014 -2- Municipality to find out its own resources to make payment of such benefits. Therefore this court is of the opinion that a direction is warranted for making payment of the amounts within a stipulated time.
3. Therefore, these writ petitions are hereby disposed of directing the 1st respondent Municipality to make payment of the various terminal benefits due to the petitioners at the earliest possible, at any rate within an outer limit of 3 months from the date of receipt of a copy of this judgment.
4. Preference shall be given to payment of eligible DCRG and commutation of leave, at the earliest possible. Sd/- C.K. ABDUL REHIM, JUDGE /true copy/ P. A. to Judge Pn