Kerala High Court
M.K. Omana vs State Of Kerala on 12 February, 2018
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 12TH DAY OF FEBRUARY 2018 / 23RD MAGHA, 1939
WP(C).No. 36752 of 2017
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PETITIONER :
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M.K. OMANA, AGED 57 YEARS,
W/O.C.R.BALAN,'RETIRED SANITATION WORKER',
CHANGANACHERRY MUNICIPALITY, RESIDING AT
KOTTARAPARAMBU, PUZHAVATHU, CHANGANACHERRY,
KOTTAYAM DISTRICT, PIN 686102.
BY ADVS.SRI.S.JAYAKRISHNAN
SRI.S.PARAMESWARA PRASAD
SMT.S.USHAKUMARI
RESPONDENTS:
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1. STATE OF KERALA
REPRESENTED BY THE SECRETARY,
DEPARTMENT OF LOCAL SELF GOVERNMENT(MUNICIPAL
CONTINGENT SERVICE), SECRETARIAT, THIRUVANANTHAPURAM,
PIN 695001.
2. CHANGANACHERRY MUNICIPALITY
REPRESENTED BY ITS SECRETARY,
CHANGANACHERRY PIN 686101
3. THE DEPUTY DIRECTOR
LOCAL FUND AUDIT DEPARTMENT, CHANGANACHERRY
MUNICIPALITY,PIN 686101.
R1 BY GOVERNMENT PLEADER SRI. RON BASTIAN
R2 BY ADV. SRI.M.P.MADHAVANKUTTY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 12-02-2018, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
bp
WP(C).No. 36752 of 2017 (T)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF NO.H-13643/16 DTD 10/1/2017 ISSUED BY
THE 2ND RESPONDENT TO THE PETITIONER
EXHIBIT P2 TRUE COPY OF REPRESENTATION DTD 7/10/2017 FILED
BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
RESPONDENT'S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
P.V.ASHA, J.
W.P.(C) No.36752 of 2017
Dated this the 12th day of February, 2018
JUDGMENT
The petitioner retired from service as Sanitation Worker from the 2nd respondent Municipality on 31.10.2016. The only benefits she received is monthly pension and provident fund amount. The petitioner filed this writ petition complaining non payment of DCRG, commuted value of pension, arrears of pension, leave surrender benefits and other terminal benefits.
2. The 2nd respondent filed a statement admitting that the Deputy Director of Local Fund Audit has already admitted that pensionary benefits are due to the petitioner. Respondents have stated that payment could not be made due to shortage of funds. Respondents have stated that retirement benefits could not be paid since the Central Pension Fund is not received in time.
3. But I find that as the petitioner retired from service as a Sanitation Worker in the contingent wing, the respondent Municipality need not wait for the Central Pension Fund because it is the bounden duty of the Municipality to maintain a separate pension fund for the contingent employees and to make remissions regularly in it so that payment of pensionary benefits can be made without any further delay. Despite the specific provisions in the rules, it appears that W.P.(C) No.36752 of 2017 :2: Municipality has not maintained such fund and if at all such a fund was maintained, it should have been appropriated for some other purpose. Therefore the reason stated in the statement for the delay in payment cannot be accepted.
In the above circumstances, there shall be a direction to the 2 nd respondent to disburse all the terminal benefits due to the petitioner including DCRG, commuted value of pension and any other terminal benefits, within a period of three months from the date of receipt of a copy of the judgment. In case there occurs any delay in payment, the 2nd respondent Municipality shall compensate the petitioner by payment of interest at the rate of 9% from 1.12.2016 onwards.
The writ petition is disposed of accordingly.
Sd/-
P.V.ASHA JUDGE rkc