High Court of KeralaWP(C)/14597/2014disposed of

P.G.Kuttappan v. State Of Kerala

2015-01-19Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 19TH DAY OF JANUARY 2015/29TH POUSHA, 1936 WP(C).No. 14597 of 2014 (Y) ---------------------------- PETITIONER(S):

--------------- P.G.KUTTAPPAN, PANDARAKKUMCHALI, KARUKADAM P.O, VENDUVAZHY, KOTHAMANGALAM, ERNAKULAM 686 691 (CONTINGENT WORKER (SANITATION WORKER), (RTD), KOTHAMANGALAM MUNICIPALITY, KOTHAMANGALAM 686 691 BY ADVS.SRI.B.RAGUNATHAN SRI.G.GOPALAKRISHNA PILLAI SRI.M.SALIM SRI.R.SRINATH SRI.V.M.JACOB RESPONDENT(S):

---------------

1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001

2. DIRECTOR OF URBAN AFFAIRS, PUBLIC OPFFICE BUILDINGS, THIRUVANANTHAPURAM 695 033

3. SENIOR DEPUTY DIRECTOR,LOCAL FUND AUDIT,DISTRICT OFFICE,CIVIL STATION,KAKKANAD,ERNAKULAM 682 030

4. KOTHAMANGALAM MUNICIPALITY,REPRESENTED BY SECRETARY,KOTHAMANGALAM MUNICIPALITY,KOTHAMANGALAM 686 691

5. SHRI K.P BABU, CHAIRMAN, KOTHAMANGALAM MUNICIPALITY KOTHAMANGALAM 686 691 R4 & 5 BY ADV. SRI.C.A.MAJEED, SC, KOTHAMANGALAM MUNICIPALITY R BY GOVERNMENT PLEADER SMT.LOWCY.A.

R BY SRI.C.A.MAJEED THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 14597 of 2014 (Y) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXHIBIT P1 TRUE COPY OF THE LETTER DATED 09-10-2013 OF THE 3RD RESPONDENT ALONG WITH THE REVISED CALCULATION SHEET SHOWING DCRG,FAMILY/RETIRING PENSIONARY BENEFITS,VERIFICATION REPORT AND CALCULATION OF COMMUTED VALUE OF PENSION EXHIBIT P2 TRUE COPY OF THE LETTER DATED 30-05-2013 OF THE PUBLIC INFORMATION OFFICER,KOTHAMANGALAM MUNICIPALITY ADDRESSED TO SHRI M.E RAMAN RESPONDENT(S)' EXHIBITS -------------------------: NIL /TRUE COPY/ P.S. TO JUDGE.

A.MUHAMED MUSTAQUE, J.

- - - - - - - - - - - - - - - - - - - - - W.P.(C) No.14597 OF 2014 - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of January, 2015

JUDGMENT

The petitioner retired from the service of the Kothamangalam Municipality as a contingent worker on 31/10/2013. It is submitted that a sum of Rs.9,11,583/- was sanctioned as DCRG & CVP on 9/10/2013. Other amounts remain unpaid. Accordingly, the petitioner approached this Court. This Court, as per the interim order dated 27/6/2014, directed the Municipality to pay 50% of the amount due on or before 31/7/2014. It is submitted that, that amount was paid within the time. The only question now remains is regarding the balance amount. It seems that the Municipality is facing severe financial constraints, as revealed from the counter affidavit, and the Municipality is unable to pay the amount. Considering the fact that the petitioner was retired in the year 2013, the Municipality is given three months time to pay the entire balance. The above amount shall be paid on or before

W.P.(c).No.14597 of 2014 : 2 :

30/4/2015. If the Municipality fails to pay the amount within that time, the amount will carry interest at the rate of 7.5% with effect from 1/5/2015 onwards.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, Judge.

dpk /true copy/ P.S. To Judge.