Kerala High Court
Mathew Reetha vs The Director Of Urban Affairs on 7 April, 2014
Author: C.K. Abdul Rehim
Bench: C.K.Abdul Rehim
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
MONDAY, THE 7TH DAYOF APRIL 2014/17TH CHAITHRA, 1936
WP(C).No. 9193 of 2014 (Y)
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PETITIONER(S):
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MATHEW REETHA, AGED 62 YEARS,
D/O.ISSAC, PANAMPADIYIL HOUSE, WEST OF CONVENT,
VATTAYAL WARD, ALAPPUZHA(RETIRED SANITATION WORKER,
ALAPPUZHA MUNICIPALITY)
BY ADV. SMT.MARY BEENA JOSEPH
RESPONDENT(S):
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1. THE DIRECTOR OF URBAN AFFAIRS,
THIRUVANANTHAPURAM-695 001.
2. THE DEPUTY DIRECTOR,
LOCAL FUND AUDIT, ALAPPUZHA-688 001.
3. ALAPPUZHA MUNICIPALITY,
ALAPPUZHA -688 001, REPRESENTED BY ITS SECRETARY.
R1 & R2 BY GOVERNMENT PLEADER SRI.LOWSY.A.
R3 BY ADV. SRI.AZAD BABU, SC, ALAPPUZHA MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07-04-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Kss
WP(C).No. 9193 of 2014 (Y)
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APPENDIX
PETITIONER(S)' EXHIBIT:
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EXT.P1:-A TRUE COPY OF THE JUDGMENT DTD 30/9/2013 IN
WPC NO. 21447 OF 2013 OF THIS HONOURABLE COURT.
RESPONDENT(S)' EXHIBITS:
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/TRUE COPY/
P.A.TO JUDGE
Kss
C.K. ABDUL REHIM, J.
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W.P.(c) No. 9193 OF 2014-Y
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DATED THIS THE 7th DAY OF APRIL, 2014.
J U D G M E N T
The petitioner retired from contingent service of the 3rd respondent Municipality on 31-05-2011, while employed as 'Sanitation Worker'. Grievance is regarding non-payment of benefits like, DCRG, commuted value of pension, terminal leave surrender, arrears of Dearness Allowance etc. due to him
2. Learned Standing counsel appearing for the 3rd respondent submitted on instructions that, the delay in settlement and payment of terminal benefits due to the petitioner is only due to stringent financial condition of the Municipality and because of paucity of funds. However, it is mentioned that the eligible amounts due will be paid at the earliest possible.
3. Non-payment of terminal benefits due to retired employees in the contingent service cannot be justified in any manner on the basis that the Municipality is facing W.P.(c) No.9193/2014 -2- financial stringency. It is for the Municipality to find out its own ways and means by taking appropriate austerity measures. Considering the submissions made, this court is of the opinion that interest of justice can be achieved by directing payment of the benefits within a time limit to be stipulated.
4. Therefore this writ petition is disposed of by directing the 3rd respondent Municipality to settle claims of the petitioner for payment of all terminal benefits due and to make payment of the amounts legally found eligible at the earliest possible, at any rate within a period of 3 months from the date of receipt of a copy of this judgment.
Sd/-
C.K. ABDUL REHIM, JUDGE.
AMG True copy P.A to Judge