Kerala High Court
K.S.Visalamma vs Aluva Municipality on 18 September, 2020
Equivalent citations: AIRONLINE 2020 KER 675
Author: N.Nagaresh
Bench: N.Nagaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 18TH DAY OF SEPTEMBER 2020 / 27TH BHADRA, 1942
WP(C).No.28076 OF 2019(H)
PETITIONER:
K.S.VISALAMMA,
AGED 61 YEARS,
W/O.CHANDRAN K.S.
RETIRED SANITATION WORKER,
ALUVA MUNICIPALITY, ALUVA
(NOW RESIDING AT KUDILINGAL HOUSE,
ASAN LANE, ALUVA, ERNAKULAM-683101
BY ADVS.
SMT.SHAMEENA SALAHUDHEEN
SMT.S.SIMY
RESPONDENTS:
1 ALUVA MUNICIPALITY,
REPRESENTED BY ITS SECRETARY,
MUNICIPAL OFFICE, ALUVA-683101.
2 THE SECRETARY,
ALUVA MUNICIPALITY,
MUNICIPAL OFFICE, ALUVA-683101
3 THE DIRECTOR OF URBAN AFFAIRS,
SWARAJ BHAVAN, NANTHANCODE,
THIRUVANANTHAPURAM-695003
4 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT,
THIRUVANANTHAPURAM-695001
R1-2 BY ADV. SRI.MATHEW B. KURIAN
R1-2 BY ADV. SRI.K.T.THOMAS
R3 & R4 BY GOVERNMENT PLEADER SMT. DEEPA NARAYANAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.28076/2019(H)
2
JUDGMENT
~~~~~~~~~ Dated this the 18th day of September, 2020 The petitioner, who retired while working as Sanitation Worker in the 1st respondent-Aluva Municipality, seeks to direct the respondents to sanction and disburse an amount of ₹15,10,101/- towards retirement benefits due to the petitioner and other attendant benefits attached thereto, including the Pay Revision arrears, at the earliest.
2. The petitioner states that she retired on superannuation as Sanitation Worker on 31.07.2018. Pension papers were submitted well in advance before the retirement. However, terminal benefits have not been paid so far. The monthly pension is being paid to the petitioner at the pre-revised rate, ignoring Pay Revision. The WP(C).No.28076/2019(H) 3 respondents are therefore liable to be directed to pay terminal benefits to the petitioner forthwith along with Pay Revision arrears.
3. Respondents 1 and 2 filed a counter affidavit stating that the petitioner is entitled for a sum of ₹11,08,641/- towards terminal benefits including DCRG, Commutation, Pension arrears, terminal surrender and DA arrears. The amounts could not be paid to the petitioner as respondents 1 and 2 have financial difficulties at present.
4. When this writ petition came up for hearing on 19.05.2020, this Court passed an interim order directing respondents 1 and 2 to ensure that 50% of the terminal benefits be disbursed to the petitioner within a period of four weeks. The learned counsel for the petitioner submitted that the petitioner has received some amount pursuant to the said direction.
5. The learned counsel appearing for respondents 1 and 2 submitted that they may be given a breathing time to disburse the balance amount.
WP(C).No.28076/2019(H) 4
6. Pension arrears and terminal benefits of a retired employee cannot be withheld indefinitely by any employer on the ground of financial difficulties. The petitioner retired from service nearly three years ago and she has received only half of the terminal dues till date.
In the circumstances, the writ petition is disposed of directing respondents 1 and 2 to pay balance amounts due to the petitioner towards retirement benefits within a period of three months.
Sd/-
N. NAGARESH, JUDGE aks/18/09/2020 WP(C).No.28076/2019(H) 5 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE NOTICE DATED 13/12/2017 ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT.