Mylammal vs The Palakkad Municipality
2021 Latest Caselaw 7566 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942

                       WP(C).No.3408 OF 2021(A)


PETITIONER:

               MYLAMMAL
               AGED 61 YEARS
               D/O RAMASWAMY,
               C/O VELUSWAMY, 2/48,
               ARULIJYOTHI NAGAR, MUTHIPALAYAM, THONDAMUTHUR,
               COIMBATORE DISTRICT,
               TAMILNADU STATE.

               BY ADVS.
               SRI.JACOB SEBASTIAN
               SRI.K.V.WINSTON
               SMT.ANU JACOB

RESPONDENTS:

      1        THE PALAKKAD MUNICIPALITY
               REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE,
               PALAKKAD DISTRICT, PIN-678001.

      2        THE SECRETARY
               PALAKKAD MUNICIPALITY,
               MUNICIPAL OFFICE,
               PALAKKAD DISTRICT, PIN-678001.

      3        THE DEPUTY DIRECTOR
               KERALA STATE AUDIT DEPARTMENT, MUNICIPAL AUDIT
               OFFICE, MUNICIPAL OFFICE,
               PALAKKAD DISTRICT, PIN-678001.

      4        THE STATE OF KERALA
               REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF
               LOCAL SELF-GOVERNMENT, SECRETARIAT
               THIRUVANANTHAPURAM-695001.

               R1-2 BY ADV. SHRI.BINOY VASUDEVAN, SC, PALAKKAD
               MUNICIPALITY

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3408 OF 2021(A)

                                 2

                          JUDGMENT

Dated this the 4th day of March 2021

This writ petition is filed seeking the following prayer:-

"(I) To issue writ of mandamus or order or direction or any other appropriate writ commanding second respondent to disburse to the petitioner her retirement benefits in full forthwith or within a time frame to be fixed by this Honourable Court."

2. Heard the learned counsel for the petitioner and

the learned Standing Counsel appearing for respondents 1

and 2 as well as the learned Government Pleader for

respondents 3 and 4.

3. It is submitted by the learned counsel for the

petitioner that the petitioner, who was an sanitation worker

under the 1st respondent Municipality, had retired from

service on 31.10.2019 and that the DCRG and commuted

value of pension have not been released to her. It is

submitted that there is some dispute with regard to the

amount of EPF dues released to the petitioner as well.

4. Having heard the learned Government Pleader and WP(C).No.3408 OF 2021(A)

the learned counsel for the respondents as well, I am of the

opinion that since the petitioner admittedly retired from

service on 31.10.2019, the retirement benefits due to the

petitioners are liable to be released at the earliest.

5. There will, accordingly, be a direction to the

respondents 1 and 2 to release the amounts due to the

petitioner as DCRG and commuted value of pension at the

earliest. The respondents shall release 50% of the amounts

due within a period of two months and the remaining

amounts within a period of two months thereafter. In the

meanwhile, if the petitioner has any complaint with regard

to the amount of provident fund sanctioned and released to

her, the petitioner shall approach the sanctioning authority

that is the Director, Urban Affairs, who shall take an

appropriate decision in the matter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Bng/06.03.2021 WP(C).No.3408 OF 2021(A)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE LETTER ISSUED TO THE SECOND RESPONDENT BY THIRD RESPONDENT DATED 18/01/2020.

EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE SECOND RESPONDENT ALONG WITH RECEIPT DATED 03.08.2020.