V.Kuttan vs State Of Kerala
2021 Latest Caselaw 4323 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                       WP(C).No.1067 OF 2021(G)


PETITIONER:

               V.KUTTAN
               AGED 60 YEARS
               S/O.VEERAMUTHU, RETIRED SANITATION WORKER, PALAKKAD
               MUNICIPALITY, RESIDING AT 14/833, ANACHIRA COLONY,
               SEKHARIPURAM, KALPATHY (PO), PALAKKAD-678010.

               BY ADV. SRI.U.BALAGANGADHARAN

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY, LOCAL SELF GOVERNMENT
               DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      2        THE DIRECTOR OF URBAN AFFAIRS,
               THIRUVANANTHAPURAM-695001.

      3        THE PALAKKAD MUNICIPALITY,
               REPRESENTED BY ITS SECRETARY, PALAKKAD-678001.

      4        THE SECRETARY,
               PALAKKAD MUNICIPALITY, PALAKKAD-678001.

               R3-4 BY ADV. SHRI.BINOY VASUDEVAN, SC, PALAKKAD
               MUNICIPALITY

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1067 OF 2021(G)

                                          2


                                    JUDGMENT

Dated this the 5th day of February 2021

This writ petition is filed seeking the following reliefs:

"1. Issue writ in the nature of mandamus commanding 4th respondent to disburse DCRG of Rs 321300/- and CVP of Rs 4,11,784/- with immediate effect with interest at PF interest rate;

2. Issue writ in the nature of mandamus commanding 4th respondent to initiate appropriate action against the employees who have failed to disburse the sanctioned DCRG and CVP to the petitioner and recover the amount of interest from the person who is responsible for the delay in disbursement of DCRG and CVP to the petitioner.

3. Issue writ in the nature of mandamus commanding 1st respondent to initiate appropriate action under 61 of the Kerala Municipality Act, 1994;

4. Declare that the petitioner is entitled to be disbursed with DCRG and Commuted Value of Pension with interest from the date of retirement till the date of actual payment and recover the same from the person responsible for the delay."

2. Heard the learned counsel for the petitioner and the learned

Standing Counsel appearing for respondents 3 and 4 as well as the

learned Government Pleader appearing for respondents 1 and 2. WP(C).No.1067 OF 2021(G)

3. The petitioner prays for release of the benefits due on

account of the DCRG and Commuted Value of Pension to the

petitioner, who was a sanitation worker under the respondent-

Municipality.

4. It is submitted by the learned Standing Counsel that the delay

in disbursement of the benefits is due to the financial constraints

faced by the Municipality and that some time is required for making

the payments.

Having considered the contentions advanced, there will be a

direction to the respondents to release the amounts due to the

petitioner on account of DCRG and Commuted Value of Pension

within a period of four months from the date of receipt of a copy of

this judgment. In case the amount is not released within the four

months, they will carry interest at the rate of 6% per annum from the

date of eligibility till date of payment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.1067 OF 2021(G)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE NOTICE OF RETIREMENT DATED 19.11.2018 ISSUED BY THE HEALTH SUPERVISOR IN THE OFFICE OF THE THIRD RESPONDENT.

EXHIBIT P2 A TRUE COPY OF THE PPO NO.A5/24476/19 DATED 31.03.2019.