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High Court of KeralaWP(C)/371/2015disposed of

A.S.Lakshmi v. The Changanacherry Municipality

2015-07-30Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 30TH DAY OF JULY 2015/8TH SRAVANA, 1937 WP(C).No. 371 of 2015 (V) ---------------------------------------- PETITIONER(S):

-------------------------- A.S.LAKSHMI, AGED 62 YEARS D/O SUBRAHMANYAN, MANALODI (KANA), THURUTHI P.O CHANGANASSERY, KOTTAYAM DISTRICT BY ADVS.SRI.ESM.KABEER SMT. AMINA BEEVI RESPONDENT(S):

---------------------------- THE CHANGANACHERRY MUNICIPALITY, REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE CHANGANACHERRY 686501 R BY ADV. SRI.M.P.ASHOK KUMAR R BY ADV. SMT.BINDU SREEDHAR R BY ADV. SMT.R.S.MANJULA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 371 of 2015 (V) ------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE ORDER SANCTIONING THE RETIREMENT BENEFITS DATED 16-07-2014 OF THE RESPONDENT EXHIBIT P1(A) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P1 EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFOR ETHE RESPONDENT DATED 28-10-2014 EXHIBIT P2(A) TRUE COPY OF THE ENGLISH TRANSLATION OF EXHIBIT P2 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // True copy // PA to Judge das

A.K.JAYASANKARAN NAMBIAR, J.

=========================================== W.P.(C). No. 371 of 2015 ===================================================== Dated this the 30th day of July, 2015

JUDGMENT

The petitioner, who retired from the respondent Municipality on 31.07.2013, is aggrieved by the non disbursal of the retirement benefits and other service benefits including DCRG, commuted value of pension, dearness allowance arrears and terminal leave surrender amounts.

2.

I have heard the learned counsel appearing for the petitioner as also the learned Standing Counsel for the respondent Municipality.

The learned Standing Counsel would submit, on instructions, that the amounts due to the petitioner, although admitted, the respondent Municipality could not pay the same on account of a financial crunch that is currently faced by the respondent Municipality. Taking note of the submission of counsel for the respondent, I dispose the writ petition with a direction to the respondent Municipality to pay the retirement benefits due to the petitioner as evidenced in Ext.P1, within a period of four months from the date of receipt of a copy of this judgment. I make it clear that, if the amounts directed to be paid are not paid within the

-2W.P.(C). No. 371 of 2015 period of four months aforementioned, then the amounts will carry interest at the rate of 12% per annum from the date immediately following the expiry of the aforesaid four months, till the date of actual payment to the petitioner.

Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das