Kuduvan Ramachandran vs The Secretary
2021 Latest Caselaw 2267 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942

                        WP(C).No.638 OF 2021(D)

PETITIONER:

               KUDUVAN RAMACHANDRAN
               AGED 60 YEARS
               S/O. SHANKARAN, PENSIONER,
               RESIDING AT KUDUVAN HOUSE, POOVALAP STREET,
               P.O.TEMPLE GATE, KANNUR DISTRICT,PIN-670 102

               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        PROVIDENT FUND OFFICER,
               DEPARTMENT OF URBAN AFFAIRS, FIRST FLOOR,
               SWARAJ BHAVAN, NANDANCODE, KOWDIAR.P.O.,
               THIRUVANANTHAPURAM-695 003

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

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


               GP BIJOY CHANDRAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                     2

WP(C).No.638 OF 2021(D)




                                  JUDGMENT

Dated this the 20th day of January 2021

The petitioner, who retired from service as

Sanitation Worker on 30.04.2020, has filed this

writ petition complaining that he has not received

any of his pensionary benefits.

2. The learned Government Pleader submits

that the provident fund amounts have been

sanctioned by the Director of Urban Affairs and

that the amounts have to be disbursed by the

Municipality.

3. The learned counsel for the petitioner

submits that the Municipality is not making payment

to the retired Sanitation Workers. As per Ext.P3

judgment direction was issued to the Municipality

in the case of a person who retired from service on

30.04.2017.

4. It would appear that there would be persons

WP(C).No.638 OF 2021(D)

who retired from service from the Municipality

before the date of the petitioner's retirement who

are denied their terminal benefits.

5. The Apex Court and this Court have in a

catena of judgments held that pension and

pensionary benefits are not bounty to be disbursed

at the will and pleasure of the employer; but the

property in the hands of employees. There is no

justification in denying and delaying those

benefits to pensioners.

6. The pensionary benefits are liable to be

paid by the Municipality to the contingent workers

as soon as they retire from service. The payment of

pensionary benefits to contingent workers are

governed by the Municipal Contingent Employees

(Death Cum Retirement) Benefit Rules, 1977,

according to which, each Municipality shall

maintain a pension fund and remit the prescribed

amount towards pension fund every month. The rules

also provide that the said fund shall not be

WP(C).No.638 OF 2021(D)

appropriated for any other purpose. In case the 2nd

respondent Municipality has acted in accordance

with these rules, these sanitation workers would

not have been compelled to approach this Court and

they could have been paid their dues as and when

they retired from service.

7. There shall be a direction to the

respondents to maintain a list of retired

contingent employees and to make payment of their

retirement benefits in the order in which they

retired from service and to make the payment due to

them based on that without causing any delay,

preferably within three months of the retirement.

8. There shall be a direction to respondents 1

and 2 to sanction and disburse the entire terminal

benefits due to the petitioner including DCRG,

Commuted value of pension and arrears of D.A

within a period of three months from the date of

receipt of a copy of this judgment. The monthly

pension shall be paid to the petitioner from the

WP(C).No.638 OF 2021(D)

next month onwards. The Provident Fund accounts due

which have been sanctioned shall be released within

two weeks from the date of receipt of a copy of

this judgment. In case the petitioner has any

dispute with regard to the quantum of PF disbursed,

the same shall be taken up before the 4th

respondent.

In case the payments are not made to the

petitioner as directed, the respondent Municipality

shall compensate the petitioner with payment of

interest w.e.f 01.09.2020 onwards @ 9% per annum.

The writ petition is allowed accordingly.

Sd/-

ANU SIVARAMAN

JUDGE hmh

WP(C).No.638 OF 2021(D)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER NO.A4-6737/2020 DATED 14.7.2020, ISSUED BY THE 1ST RESPONDENT

EXHIBIT P2 TRUE COPY OF THE LETTER DATED 12.2.2020 FROM THE FIRST RESPONDENT ADDRESSED TO THE THIRD RESPONDENT BEARING NO.A2- 34055/19

EXHIBIT P3 TRUE COPY OF THE JUDGMENT OF HIGH COURT OF KERALA DATED 12.2.2018 IN WPC NO.2577 OF 2018

RESPONDENT'S/S EXHIBITS: NIL