Alphonsa Barnard vs The Secretary
2021 Latest Caselaw 5211 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942

                       WP(C).No.2228 OF 2021(C)


PETITIONER:

               ALPHONSA BARNARD
               W/O. THOMAS , AGED 60 YEARS, PENSIONER, RESIDING AT
               MEENARTHAM KANDY, THOTTUMMAL, P.O UMMENCHIRA, KANNUR
               DISTRICT, PIN-670 702

               BY ADVS.
               SRI.R.SURENDRAN
               KUM.S.MAYUKHA

RESPONDENTS:

      1        THE SECRETARY
               THALASSERY MUNICIPALITY, THALASSERY, PIN-670 101,
               KANNUR DISTRICT

      2        THALASSERY MUNICIPALITY,
               REPRESENTED BY THE SECRETARY, THALASSERY
               MUNICIPALITY, THALASSERY , PIN-670 101, KANNUR
               DISTRICT.

      3        STATE OF KERALA,
               REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
               DEPARTMENT OF URBAN AFFAIRS, SECRETARIAT,
               THIRUVANANTHAPURAM-695 001

      4        THE DIRECTOR OF URBAN AFFAIRS,
               DIRECTORATE OF URBAN AFFAIRS, PUBLIC OFFICE BUILDING,
               MUSEUM P.O, THIRUVANANTHAPURAM-695 033


OTHER PRESENT:

               I.V. PRAMOD SC THALASSERY MUNCIPLALITY

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2228 OF 2021(C)

                                 2

                         JUDGMENT

Dated this the 12th day of February 2021

This writ petition is filed seeking the following prayer:-

"a) Directing the respondent No.1 and 2 to pay the retirement benefits such as admitted DCRG amount of Rs.6,56,100/-, admitted commutation value of pension amounting to Rs.8,38,166/- and arrears in D.A with 18% interest from 01.06.2020 till the date of actual payment within such period that the honourable court may fix."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader as well as the learned Standing

Counsel appearing for respondents 1 and 2.

3. It is submitted by the learned counsel for the

petitioner that the petitioner who retired from service as

Sanitation Worker on 31.05.2020 and that the petitioner has

not received any retirement benefits and the arrears of the

same. It is submitted that though the amounts have fallen

due and though the petitioner had retired from service as

early as on 31.05.2020, the amounts have not been

released to the petitioner so far.

WP(C).No.2228 OF 2021(C)

4. The learned Standing Counsel appearing for

respondents 1 and 2 submits that the delay in disbursement

of the benefits is due to the financial constraints faced by

the respondent-Municipality and that some time is required

for making the payments.

5. Having considered the contentions advanced,

there will be a direction to respondents 1 and 2 to release

the amounts due to the petitioner within a period of three

months from the date of receipt of a copy of this judgment.

In case the amount is not released within three months,

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

date of eligibility till date of payment.

The writ petition is allowed accordingly.

Sd/-

ANU SIVARAMAN

JUDGE Bng/12.02.2021 WP(C).No.2228 OF 2021(C)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER NO. A4 15672/2020 DATED 20.08.2020, ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT OF HIGH COURT OF KERALA DATED 12.2.2018 IN W.P.C NO. 2577 OF 2018.