High Court of KeralaWP(C)/3488/2015disposed of

K.Maniyan v. Mavelikkara Municipality

2015-06-18Honourable 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 18TH DAY OF JUNE 2015/28TH JYAISHTA, 1937 WP(C).No. 3488 of 2015 (I) --------------------------- PETITIONER(S)/PETITIONER:

------------------------------------------------ K.MANIYAN, AGED 61 YEARS, S/O. KOCHUKUNJU, KARTHIKA BHAVANAM, CHETTIKULANGARA EREZHA NORTH, MAVELIKKARA (RETIRED SANITATION WORKER MAVELIKKARA MUNICIPALITY).

BY ADVS.SMT.ASHA ELIZABETH MATHEW SRI.NIRMAL V NAIR RESPONDENT(S)/RESPONDENTS:

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1. MAVELIKKARA MUNICIPALITY REP. BY ITS SECRETARY, MUNICIPAL COMPLEX, MAVELIKKARA.

2. THE DIRECTOR OF URBAN AFFAIRS URBAN AFFAIRS DIRECTORATE, SWARAJ BHAVAN, KOWDIAR P.O. THIRUVANANTHAPURAM-695003.

R-R2 BY ADV. SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL R BY GOVERNMENT PLEADER R BY SRI.RASHEED.C, SC, MAVELIKKARA MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3488 of 2015 (I) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1- TRUE COPY OF THE CALCULATION SHEET SHOWING THE RETIRING PENSION BENEFIT ISSUED IN RESPECT OF THE PETITIONER. EXHIBIT P2- TRUE COPY OF THE CALCULATION SHEET FOR COMPUTATION PENSION DATED 25-06-2014 ISSUED BY THE DEPUTY DIRECTOR. RESPONDENT(S)' EXHIBITS:

NIL //TRUE COPY// P.S. TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.3488 OF 2015 (I) ----------------------------------- Dated this the 18th day of June, 2015

J U D G M E N T

The petitioner, who had retired from the services of the 1st respondent Municipality, is aggrieved by the non-disbursal of retirement benefits that was due to the petitioner despite of lapse of more than one year from the date of retirement of the petitioner. In the writ petition, the petitioner seeks disbursal of the retirement benefits that has been computed in Ext.P2 and are not disputed by the 1st respondent Municipality.

2. I have heard the learned counsel for the petitioner as also the learned Standing counsel for the respondent Municipality. On a consideration of the facts and circumstances of the case as also the submissions made across the bar, and also taking note of the fact that the reason given by the 1st respondent Municipality for the delay in effecting payment of the amounts that were admittedly due to the petitioner is that the 1st respondent Municipality is currently

W.P.(C).No.3488/2015 facing a financial crunch, I am inclined to permit the 1st respondent Municipality to pay the amounts that are due to the petitioner, as disclosed in Ext.P2, within a period of four months from the date of receipt of a copy of this judgment. Amounts, if any, already paid by the 1st respondent Municipality to the petitioner, can be adjusted from the payments that are directed to be made as per this judgment. I make it clear that if the amounts that are directed to be paid, are not paid to the petitioner within the stipulated time, then the 1st respondent Municipality shall be liable to pay interest @ 6% per annum on the said amounts, for the delay occassioned in disbursal of the benefits immediately after the expiry of the period of four months, till the date of actual disbursal to the petitioner. The writ petition is disposed as above.

A.K.JAYASANKARAN NAMBIAR JUDGE prp