Shanmughan P vs State Of Kerala
2021 Latest Caselaw 3375 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

      FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                        WP(C).No.165 OF 2021(U)


PETITIONER:

               SHANMUGHAN P
               AGED 64 YEARS
               S/O. PALAN, RETD. SANITATION WORKER, PALAKKAD
               MUNICIPALITY , RESIDING AT 737/XXVI, KENATH PARAMBA,
               NEAR FIRE STATION, PALAKKAD-678001.

               BY ADVS.
               SRI.U.BALAGANGADHARAN
               SMT.S.ANJUSHA

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
29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.165 OF 2021(U)

                                        2




                                  JUDGMENT

Dated this the 29th day of January 2021

This writ petition is filed seeking the following reliefs:

"i) issue writ in the nature of mandamus commanding the second respondent to sanction and disburse pay revision arrears, DA arrears, revised pension, revised DCRG, revised Commuted value of pension, Arrears of Pay on Revision, Arrears of DA, revised 4th Time Bound Higher Grade, revised leave surrender consequent upon revision of pay from 1.7.2009 as per Revision Orders under GO MS 118/2016/LSGD dated 17.08.2016 and such other entitled payments in accordance with law;

ii) issue writ in the nature of mandamus commanding the second respondent to pay interest at Bank rate for the delay payment of revised pay arrears, revised DCRG, revised Commuted value of pension, Arrears of Pay on Revision, Arrears of DA from the date of retirement till the date of actual payment and further direct to receive the amount of interest from the person responsible for the delay of payment of benefits

iii) Writ in the nature of mandamus commanding the first respondent to invoke Section 61 of Kerala Municipality Act and appoint an officer to perform the duties and functions of the Palakkad Municipality;

WP(C).No.165 OF 2021(U)

iv) Declare that petitioner is entitled for arrears of Pension, revised DCRG, revised Commuted value of pension, Arrears of Pay on Revision, Arrears of DA etc with interest within a reasonable time."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader as well as the learned counsel

appearing for respondents 3 and 4.

3. It is submitted by the learned counsel for the petitioner

that the petitioner had been granted benefits of a pay fixation

and is entitled to 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 30.06.2015, the amounts

have not been released to the petitioner so far.

4. The learned Standing Counsel appearing for respondents

3 and 4 submits that amounts are due to the petitioner on account

of revision of pay but the amounts have not been disbursed only

due to the financial constraints faced by the respondent-

Municipality.

In the above view of the matter, the amounts due to the

petitioner on account of the revision of pay and the monetary WP(C).No.165 OF 2021(U)

benefits of the grant of the time bound higher grade are liable to

be released to the petitioner. However, taking note of the

contention that the respondent-Municipality is facing financial

stringency, there will be a direction to respondents 3 and 4 to

release the amounts due to the petitioner within a period of four

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

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.165 OF 2021(U)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) 33337/2016 DATED 28.10.2016.

EXHIBIT P2 A TRUE COPY OF THE APPLICATION FILED UNDER R.T.I.ACT BY THE PETITIONER DATED 25.11.2020.

EXHIBIT P3 A TRUE COPY OF INFORMATION RECEIVED UNDER R.T.I.ACT DATED 21.12.2020 FROM THE PUBLIC INFORMATION OFFICER, PALAKKAD MUNICIPALITY.