Kerala High Court
Prakashan.P vs The Secretary, Thalassery ... on 18 November, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:88568
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 18TH DAY OF NOVEMBER 2025 / 27TH KARTHIKA, 1947
WP(C) NO. 36244 OF 2024
PETITIONER:
PRAKASHAN.P
AGED 60 YEARS
S/O. KUNHAMBU, 'SWAPNAM',
KOLASSERY, KAVUMBHAGAM.P.O,
KANNUR DISTRICT., PIN - 670649
BY ADVS.
SRI.R.SURENDRAN
KUM.S.MAYUKHA
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
2025:KER:88568
WP(C) No.36244 of 2024
2
4 THE DIRECTOR OF URBAN AFFAIRS
DIRECTORATE OF URBAN AFFAIRS,
PUBLIC OFFICE BUILDING, MUSEUM P.O,
THIRUVANANTHAPURAM, PIN - 695033
5 PROVIDENT FUND OFFICER
DEPARTMENT OF URBAN AFFAIRS, FIRST FLOOR,
SWARAJ BHAVAN, NANDANCODE,
KAVADIYAR.P.O, THIRUVANANTHAPURAM,
PIN - 695003
BY ADV
SRI.I.V.PRAMOD, STANDING COUNSEL
SRI.PREMCHAND.R.NAIR,SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 18.11.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:88568
WP(C) No.36244 of 2024
3
JUDGMENT
Dated this the 18th day of November, 2025 The petitioner is a Sanitation Worker, who retired from the services of the Thalassery Municipality. The petitioner retired from service on 30.04.2024.
2. The petitioner submits that as per Ext.P1, the basic pension of the petitioner was fixed at ₹32,525/- per month. An amount of ₹11,71,622/- is sanctioned as DCRG and ₹15,31,537/- is sanctioned as commutation pension. Provident Fund amount payable to the petitioner is ₹13,50,894/-.
3. Though the Provident Fund amount of ₹13,50,894/- has been disbursed to the petitioner, huge amount towards DA and DCRG are withheld. As the petitioner has retired from service, the respondents are compellable to pay the entire terminal dues to the petitioner forthwith.
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4. The Standing Counsel entered appearance on behalf of respondents 1 and 2 and resisted the writ petition. The Standing Counsel submitted that the petitioner was a contingent Sanitation Worker in the Municipality and he retired from service on 30.04.2024 on superannuation. As per verification report No.KSAT SM/2/230/2024 of the Deputy Director, Kerala State Audit Department, an amount of ₹11,71,622/- towards DCRG, ₹15,31,537/- towards pension commutation, pension for the month of May, 2024, an amount of ₹1,51,834/- towards DA arrears, Pay Revision arrears of ₹38,438/- and TS amount of ₹4,60,218/- remain to be paid to the petitioner. The basic pension of ₹32,525/- has been sanctioned from the month of June, 2024. As per the interim order dated 06.11.2024 of this Court, an amount of ₹13,50,894/- towards Provident Fund benefits is paid to the petitioner.
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5. Due to the acute financial crisis faced by the Municipality, pension benefits of the petitioner are being delayed. Pension benefits are disbursed to the retired employees on the basis of availability of funds, according to the seniority of the date of retirement.
6. Heard.
7. The fact that the petitioner has rendered service as Sanitation Worker and has retired from service on 30.04.2024 on superannuation, is not disputed. Even according to the respondents, huge amounts are due to the petitioner towards payment of DCRG, DA arrears, commuted value of pension, etc. If the petitioner has rendered service to the Municipality, the petitioner has to be paid the terminal benefits without delay. The financial difficulty of the Municipality cannot be a reason to withhold the terminal benefits to its employee, that too a low-paid employee like Sanitation Worker.
2025:KER:88568 WP(C) No.36244 of 2024 6 In the facts of the case, the writ petition is disposed of directing respondents 1 and 2 to pay the entire terminal benefits payable to the petitioner within a period of three months. It is made clear that unpaid Gratuity will carry interest at the rate of 6%, computed from the 1 st day of the next month of retirement of the petitioner. If the amount is not paid as directed above, the entire amounts due to the petitioner will carry interest at the rate of 6%.
Sd/-
N.NAGARESH JUDGE hmh 2025:KER:88568 WP(C) No.36244 of 2024 7 APPENDIX OF WP(C) 36244/2024 PETITIONER's EXHIBITS Exhibit P1 TRUE COPY OF THE LETTER DATED 17-6- 2024, SENT BY THE 1ST RESPONDENT ADDRESSED TO THE PETITIONER Exhibit P2 TRUE COPY OF THE PENSION BOOK OF THE PETITIONER SHOWING PAYMENT OF REGULAR PENSION ONLY FROM JUNE Exhibit P3 TRUE COPY OF THE JUDGEMENT DATED 7-8- 2024 IN W.P.(C) NO. 26282 OF 2024