P.Maheshbabu vs The Secretary, Thalassery ...
2021 Latest Caselaw 15518 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                         WP(C) NO. 13468 OF 2021
PETITIONER:

           P.MAHESHBABU
           AGED 60 YEARS
           S/O. KRISHNAN, PENSIONER, RESIDING AT PODUVAN HOUSE,
           POOVALAPPU THERU, P.O. TEMPLE GATE, THALASSERY,
           KANNUR DISTRICT, PIN-670 102

           BY ADVS.
           R.SURENDRAN
           S.MAYUKHA



RESPONDENTS:

    1      THE SECRETARY, THALASSERY MUNICIPALITY
           THALASSERY, PIN-670101, KANNUR DISTRICT.

    2      THALASSERY MUNICIPALITY,
           REPRESENTED BY THE SECRETARY, THALASSERY MUNICIPALITY,
           THALASSERY, PIN-670101, 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



           SRI. BIJOY CHANDRAN- SR. G.P


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13468 OF 2021

                               2


                            JUDGMENT

The petitioner, who retired from service as Sanitation

Worker on 30.09.2020, has filed this writ petition complaining

that he has not received his pensionary benefits except Provident

Fund amounts.

2. The learned counsel appearing for the 2 nd respondent

submits that it is only on account of financial stringency that the

retirement benefits due to the petitioner have not been

disbursed.

3. The learned counsel for the petitioner submits that the

petitioner is a retired Sanitation Worker and the denial of

terminal benefits is totally unjustifiable. Reliance is also placed

on Ext.P2 judgment of this Court.

4. The Apex Court and this Court have in a catena of

judgments held that pension and pensionary benefits are not a

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 WP(C) NO. 13468 OF 2021

pensioners.

5. 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 appropriated for any

other purpose. In case the 2 nd 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.

6. 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 WP(C) NO. 13468 OF 2021

retirement.

7. 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 next month, i.e, August, 2021,

onwards.

In case the payment is not made to the petitioner as

directed within a period of three months, the respondent

Municipality shall compensate the petitioner with payment of

interest w.e.f 1.10.2020 onwards @ 9% per annum.

The writ petition is allowed accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 13468 OF 2021

APPENDIX OF WP(C) 13468/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF ORDER NO. A4-14805/2020 DATED 23.12.2020, ISSUED BY THE 1ST RESPONDENT.

Exhibit P2 TRUE COPY OF JUDGEMENT DATED 12.2.2018 IN W.P.C NO. 2577 OF 2018.