Kerala High Court
K.Santha vs Chengannur Municipality on 30 August, 2014
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
FRIDAY, THE 26TH DAY OF AUGUST 2016/4TH BHADRA, 1938
WP(C).No. 11196 of 2016 (Y)
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PETITIONER(S):
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K.SANTHA
RETIRED SANITATION WORKER,
CHENGANNUR MUNICIPALITY,
(NEDIYATHU VEEDU, THAMARAKULAM).
BY ADVS.SRI.K.SASIKUMAR
SRI.R.ROHITH
SRI.K.JANARDHANA SHENOY
SRI.P.S.RAGHUKUMAR
SRI.S.ARAVIND
RESPONDENT(S):
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1. CHENGANNUR MUNICIPALITY, CHENGANNUR P.O.
REPRESENTED BY THE SECRETARY. 689 101.
2. DIRECTOR OF URBAN AFFAIRS
GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM 695 001.
R1 BY ADV. SRI.S.HARIKRISHNAN,SC,CHENGANNUR MUNICI`
R BY GOVERNMENT PLEADER SMT.LOWSY A.
R BY SRI.S.HARIKRISHNAN,SC,CHENGANNUR MUNICI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
26-08-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 11196 of 2016 (Y)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1: A TRUE COPY OF THE RELIEVING ORDER NO.H1-2649/2011 DATED
30.8.2014 ISSUED BY THE IST RESPONDENT
RESPONDENT(S)' EXHIBITS : NIL
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//TRUE COPY///
P.A.TO JUDGE
sm
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C) No.11196 of 2016
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Dated this the 26th day of August, 2016
JUDGMENT
The petitioner, who retired from the Health Contingent Service of the 1st respondent Municipality on 31.08.2014, on attaining the age of superannuation, is aggrieved by the delay in the disbursement of retirement benefits, by the respondent Municipality. In a statement filed on behalf of the respondent Municipality, it is stated that, while the amounts due to the petitioner are not in dispute, the respondent Municipality is facing a financial crunch, and it is only on account of the said financial crunch that the Municipality could not disburse the amounts due to the petitioner, in time. Taking note of the said averments in the statement filed on behalf of the respondent Municipality, and finding that the retirement benefits due to the petitioner cannot be withheld indefinitely, I direct the respondent Municipality to disburse the amounts due to the petitioner by way of retirement benefits, within an outer time limit of five months from the date of receipt of a copy of this judgment. It is made clear that if the amounts are not disbursed to the petitioner within the aforesaid period of five months, then the amounts due to the petitioner shall W.P.(c).No.11196 of 2016 : 2 : carry interest @ 9% per annum, from the date immediately after the expiry of the period of five months as indicated above, till the date of actual payment to the petitioner.
The writ petition is disposed as above.
Sd/-
A.K.JAYASANKARAN NAMBIAR JUDGE sm/