Kerala High Court
V.K.Mohanan vs Alappuzha Muncipality on 17 February, 2014
Author: C.K.Abdul Rehim
Bench: C.K.Abdul Rehim
IN THE HIGH COURT OF KERALAATERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
MONDAY, THE 17TH DAY OF FEBRUARY 2014/28TH MAGHA, 1935
WP(C).No. 3748 of 2014 (P)
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PETITIONER:
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V.K.MOHANAN
PATHUTHAYYIL, ARYAD NORTH,
MANNANCHERRYP O
KOMALAPURAM, ALAPPUZHA
(RETIRED SANITATION WORKER ALAPPUZHA MUNICIPALITY)
BY ADV. SRI.C.A.RAJEEV
RESPONDENTS:
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1. ALAPPUZHA MUNCIPALITY
MUNICIPAL BUILDING, ALAPPUZHA-688001
REP BY ITS SECRETARY
2. 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 ON
17-02-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3748 of 2014 (P)
APPENDIX
PETITIONER(S)' EXHIBITS
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EXT. P1:- TRUE COPY OF LETTER DTD 19/11/2013 OF THE DEPUTY DIRECTOR, LOCAL
FUND AUDIT ,ALAPPUZHA
EXT. P2:- TRUE COPY OF APPLICATION DTD 15/10/2013 MADE BEFORE THE PUBLIC
INFORMATION OFFICER, ALAPPUZHA MUNICIPALITY
EXT. P3:- TRUE COPY OF COMMUNICATION DTD 14/12/2013 FROM THE PUBLIC
INFORMATION OFFICER, ALAPPUZHA MUNICIPALITY
EXT. P4:- TRUE COPY OFAPPLICATION DTD 16/12/2013 MADE BEFORE THE APPELLATE
AUTHORITY, ALAPPUZHA MUNICIPALITY UNDER THE RIGHT TO INFORMATION
ACT
EXT. P5:- TRUE COPY FO THE COMMUNICATION DTD 27/1/2014 FROM PUBLIC
INFORMATION OFFICER, ALAPPUUZHA MUNINCIPALITY
EXT. P6:- TRUE COPY OF COMMUNICATION DTD 16/1/2013 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
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NIL
// TRUE COPY //
P.A. TO JUDGE
sou.
C.K. ABDUL REHIM, J.
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W.P.(C). Nos. 3748 of 2014 & 3760 of 2014
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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