Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 WP(C) NO. 25013 OF 2023 PETITIONER: RUBY FERNADEZ AGED 60 YEARS S/O. JOHNY FERNADEZ, RESIDING AT "NASIYA MANZIL", P.O.CHIRAKKARA, THALASSERY, KANNUR DISTRICT., PIN - 670104 BY ADV R.SURENDRAN RESPONDENTS:
1 THE SECRETARY THALASSERY MUNICIPALITY, THALASSERY, KANNUR DISTRICT, PIN - 670101 2 THALASSERY MUNICIPALITY REPRESENTED BY THE SECRETARY, THALASSERY MUNICIPALITY, THALASSERY, KANNUR DISTRICT, PIN - 670101 3 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT DEPARTMENT OF URBAN AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 4 THE DIRECTOR OF URBAN AFFAIRS DIRECTORATE OF URBAN AFFAIRS, PUBLIC OFFICE BUILDING, MUSEUM P.O, THIRUVANANTHAPURAM, PIN - BY ADV SHRI.I.V.PRAMOD, SC, THALASSERY MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..
JUDGMENT
Sri.I.V.Pramod - learned counsel for the respondents, submitted that, though the petitioner is eligible to be paid the entitled retiral benefits, including DCRG, his client has been incapacitated from honouring it on account of severe financial crisis. He added that Municipality is to receive several crores of Rupees from the Government towards pending dues; but offered that claim of the petitioner can be considered without any avoidable delay.
2. Sri.R.Surendran - learned counsel for the petitioner,
on the other hand, submitted that, since his client retired long ago and is awaiting his retiral benefits without having any other sources of livelihood, his case requires to be considered on priority and the eligible amounts disbursed to him.
3. When I evaluate the afore rival submissions, it is
evident that as long as there are no disputes regarding the entitlement of the amounts due to the petitioner, the refusal or failure to honour it by the Municipality cannot be countenanced by this Court. No doubt, they may have financial crisis, but it is ..3.. for them to resolve the same through appropriate methods, as are sanctioned under the constitutional scheme of this Country. In the afore circumstances, I allow this writ petition and direct the respondents to pay the eligible amounts of retiral benefits to the petitioner, as expeditiously as is possible, but not later than five months from the date of reciept of a copy of this judgment. Sd/- DEVAN RAMACHANDRAN, JUDGE ACR ..4.. APPENDIX OF WP(C) 25013/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER NO.A4- THE 1ST RESPONDENT Exhibit P2 TRUE COPY OF THE JUDGEMENT OF THE HONOURABLE HIGH COURT OF KERALA DATED 12-2-2018 IN W.P.(C).NO.2577 OF 2018