Retnaamma C vs State Of Kerala
2021 Latest Caselaw 12843 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
  THURSDAY, THE 10TH DAY OF JUNE 2021 / 20TH JYAISHTA, 1943
                     WP(C) NO. 10802 OF 2021
PETITIONER/S:

    1     RETNAAMMA C.,AGED 61 YEARS
          W/O. KUNJUMON, RETIRED SANITATION WORKER,
          CHANGANACHERRY MUNICIPALITY, RESIDING AT
          RAJESHBHAVAN, PANACHIKAVU P.O, CHANGANACHERRY,
          KOTTAYAM DISTRICT, PIN-686 102
    2     THANKAMANI C,AGED 61 YEARS
          W/O. SIVASANKARAN, RETIRED SANITATION WOKER,
          CHANGANACHERRY MUNICIPALITY, RESIDING AT
          KOTTARAPARAMBIL HOUSE, PUZHAVATHU, CHANGANACHERRY,
          KOTTAYAM DISTRICT, PIN-686 102
          BY ADVS.
          S.JAYAKRISHNAN
          SRI.S.PARAMESWARA PRASAD


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY , , DEPARTMENT OF LOCAL
          SELF GOVERNMENT (MUNICIPAL CONTINGENT SERVICE),
          SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001
    2     CHANGANACHERRY MUNICIPALITY,
          REPRESENTED BY ITS SECRETARY, CHANGANACHERRY, PIN-
          686 101
    3     THE DEPUTY DIRECTOR ,
          LOCAL FUND AUDIT DEPARTMENT, CHANGANACHERRY
          MUNICIPALITY, PIN-686 101
          BY ADV SHRI.M.P.MADHAVANKUTTY, SC, CHANGANACHERRY
          MUNICIPALITY


          SMT.NISHA BOSE, GOVERNMENT PLEADER

  THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                       2
WP(C) No.10802 of 2021



                         C.S.DIAS, J.
             ======================
                 WP(C) No.10802 of 2021
              ======================
            Dated this the 10th day of June,2021.

                              JUDGMENT

The writ petition is filed seeking a direction to the

second respondent to disburse the Death-Cum-Retirement

Gratuity (in short 'DCRG') and other pensionary benefits of

the petitioners.

2. The petitioners have averred in the writ petition

that they are retired contingent employees of the second

respondent - Municipality. The petitioners retired on

31.5.2020 and 31.3.2020, respectively. The second

respondent had sanctioned monthly pension, DCRG and

commutation of pension etc., in favour of the petitioners as

per Exts P1 and P2 orders. The petitioners are sick and

are in dire need of money. Moreover, the present

WP(C) No.10802 of 2021

pandemic has hit them hard. Nonetheless, the second

respondent has not taken any action to disburse the

pensionary benefits to the petitioners. In the said

circumstances, the petitioners have preferred Ext P4

representation before the second respondent, but there is

inaction on his part. This Court in an identical case has

passed Ext P5 judgment directing the respondents to

disburse the pensionary benefits within three months.

The petitioners are entitled for a similar relief. Hence the

writ petition.

3. Heard the learned counsel appearing for the

petitioners, the learned Government Pleader appearing for

the first respondent and the learned Standing Counsel

appearing for the respondents 2 and 3.

4. This Court in Ext P5 judgment has categorically

held that pension and pensionary benefits are the

properties of an employee, which he earned after

WP(C) No.10802 of 2021

rendering long period of service. The employer does not

have any authority to deny the benefits or delay the

payment on the ground of financial difficulties, especially

when a separate fund is maintained for payment of the

terminal benefits.

5. In light of the above declaration of law and

taking into consideration the facts and circumstances of

the case and materials on record, I am of the definite

opinion that the petitioners are also entitled for an

identical relief.

In the result, the writ petition is allowed by

directing the second respondent to disburse the

pensionary benefits to the petitioners including the DCRG,

arrears of pension, commuted value of pension and leave

surrender benefits etc., within a period of three months

from the date of receipt of a copy of this judgment. It is

made clear that if the above benefits are not paid within

WP(C) No.10802 of 2021

the stipulated time period, the second respondent would

be liable to compensate the petitioners by paying interest

at the rate of 6% per annum on the defaulted amount from

the date of retirement of the petitioners till the date of

payment.

sd/-

C.S.DIAS JUDGE

sks/10.6.2021

WP(C) No.10802 of 2021

APPENDIX OF WP(C) 10802/2021

PETITIONER ANNEXURE EXHIBIT P1 TRUE COPY OF ORDER NO. H7-17985/19 DATED 08.07.2020 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER.

EXHIBIT P2 TRU COPY OF ORDER NO.H7-18591/19 DATED 08.07.2020 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER.

EXHIBIT P3 TRUE COPY OF LEAVE SURRENDER BILL. EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED 29.03.2021 FILED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF JUDGMENT DATED 18.07.2017 IN W.P.C NO. 18787/2017 OF THIS HON'BLE COURT.