High Court of KeralaWP(C)/10804/2015disposed of

Peter Sebastian v. State Of Kerala

2015-10-16Honourable Mr.Justice K.Vinod Chandran5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 16TH DAY OF OCTOBER 2015/24TH ASWINA, 1937 ---------------------------- PETITIONER(S):

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1. PETER SEBASTIAN, S/O.PETER ,AGED 63 YEARS SANITATION WORKER (RETIRED) CHANGANACHERRY MUNICIPALITY RESIDING AT ARATTU KULANGARA THRIKODITHANAM NALUKODY PO, CHANGANACHERRY, PIN.686548

2. P.K. SURENDRAN SANITATION WORKER (RETIRED) CHANGANACHERRY MUNICIPALITY RESIDING AT MUNICIPAL PARAMBU FATHIMAPURAM PO CHANGANACHERRY.

3. V. MANIYAN SANITATION WORKER (RETIRED) CHANGANACHERRY MUNICIPALITY RESIDING AT ALLUMKADAVIL, POOVAKKATTU CHIRA CHANGANACHERRY.

4. M.K. RAJAN SANITATION WORKER (RETIRED) CHANGANACHERRY MUNICIPALITY RESIDING AT MUNICIPAL COLONY, FATHIMAPURAM PO CHANGANACHERRY, KOTTAYAM DISTRICT.

5. P.K. MOHAN DAS SANITATION WORKER (RETIRED) CHANGANACHERRY MUNICIPALITY RESIDING AT AMBALAPARAMBIL HOUSE PERUNNA CHANGANACHERRY.

BY ADVS.SRI.S.JAYAKRISHNAN SRI.S.PARAMESWARA PRASAD CONTD .. 2..

.. 2 ..

RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY DEPARTMENT OF LOCAL SELF GOVERNMENT (MUNICIPAL CONTINGENT SERVICE) SECRETARIAT THIRUVANANTHAPURAM, PIN.695001.

2. CHANGANACHERRY MUNCIPALITY REPRESENTED BY ITS SECRETARY, CHANGANACHERRY PIN.686101.

3. DEPUTY DIRECTOR LOCAL FUND AUDIT DEPARTMENT CHANGANACHERRY MUNICIPALITY, CHANGANACHERRY PIN.686 101.

R2 BY ADV. SRI.M.P.ASHOK KUMAR R2 BY ADV. SMT.R.S.MANJULA R1 & 3 BY ADV. GOVERNMENT PLEADER SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 - TRUE COPY OF THE ORDER NO. H7/7061/12 DATED 20.6.2012 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER EXT.P2 - TRUE COPY OF THE ORDER NO.H 2-13344/12 DATED 22.12.2012 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER EXT.P3 - TRUE COPY OF THE CALCULATION SHEET FOR COMMUNICATION OF PENSION DATED 03.04.2014 ISSUED BY THE 3RD RESPONDENT TO THE 3RD PETITIONER EXT.P4 - TRUE COPY OF THE ORDER NO. H 2-10059/13 DATED 04.03.2014 ISSUED BY THE 2ND RESPONDENT TO THE 4TH PETITIONER EXT.P5 - TRUE COPY OF THE ORDER NO. H 2-10059/13 DATED 19.02.2014 ISSUED BY THE 2ND RESPONDENT TO THE 5TH PETITIONER EXT.P6 - TRUE COPY OF THE REPRESENTATION DATED 10.02.15 FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT EXT.

P7 - TRUE COPY OF THE REPRESENTATION DATED 05.01.2015 FILED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT EXT.P8 - TRUE COPY OF THE REPRESENTATION DATED 28.01.2015 FILED BY THE 3RD PETITIONER BEFORE THE 2ND RESPONDENT EXT.P9 - TRUE COPY OF THE REPRESENTATION DATED 18.02.2015 FILED BY THE 4TH PETITIONER BEFORE THE 2ND RESPONDENT EXT.P10TRUE COPY OF THE REPRESENTATION DATED 23.02.2015 FILED BY THE 5TH PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS --------------------------------------- EXT.PR3(A) TRUE COPY OF THE RULES.

// TRUE COPY // P.A TO JUDGE SB

K. VINOD CHANDRAN, J.

===================== W.P.(C) No.10804 of 2015 - A ====================== Dated this the 16th day of October, 2015

J U D G M E N T

The petitioners were retired on 30.04.2012, 31.10.2012, 31.05.2013 and 30.11.2013 respectively. The petitioners have not been paid the retirement benefits and they seek for an early payment of the same. Considering the fact that all the petitioners were retired two to three years back, it is only proper that the petitioners be paid the retirement benefits expeditiously.

2. The 5th respondent contends that his daughter's marriage is on 06.11.2015. In such circumstance, 50% of the dues of the 5th petitioner shall be paid on or before 30.10.2015. The dues of other petitioners and the balance 50% of the 5th petitioner shall be paid at any rate, within a period of 4 months from the date of receipt of a certified copy of this judgment.

3. As for the pension benefits, the same shall be

W.P.(C) No.10804 of 2015 - A considered as expeditiously as possible by the respondent Municipality. It is made clear that if the petitioners are not paid the retirement dues within the time specified, the respondent Municipality shall be liable to pay 6% interest from the date of due to the date of payment. However, if the payments are made as directed herein, no interest would accrue. The writ petition is disposed of.

Sd/- K. VINOD CHANDRAN, JUDGE SB/16 /10 /2015 // true copy // P.A to Judge.