Alby M.S vs Corporation Of Cochin
2022 Latest Caselaw 5340 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
        FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                         WP(C) NO. 9592 OF 2022
PETITIONER/S:

            ALBY M.S.,
            AGED 61 YEARS
            S/O. SEBASTAIN, KOOVATHARAPARAMBU, PIPELINE ROAD,
            PALLURUTHI P.O, ERNAKULAM, PIN 682 006.
            BY ADV K.S.SUMITHA


RESPONDENT/S:

    1       CORPORATION OF COCHIN,
            REPRESENTED BY ITS SECRETARY, PARK AVENUE ROAD,
            ERNAKULAM, PIN 682 022.
    2       THE HEALTH OFFICER,
            CORPORATION OF KOCHI, PARK AVENUE ROAD, ERNAKULAM, PIN
            682 022.
    3       DEPARTMENT OF FINANCE,
            REPRESENTED BY ITS SECRETARY, GOVERNMENT OF KERALA,
            THIRUVANANTHAPURAM, PIN 695 033.
            BY ADV K.JANARDHANA SHENOY


OTHER PRESENT:

            SR.GP.PREMCHAND R.NAIR


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 9592 OF 2022
                                   2

                             JUDGMENT

Dated this the 20th day of May, 2022

The petitioner retired from the service of the Cochin

Corporation on 31.7.2021, and is aggrieved by the inordinate

delay in disbursing his retirement benefits. The Corporation has

stated that the documents with respect to the issuance of

Petitioner's pension was received in the Accounts Department

on 4.3.2022 and forwarded to the Audit Department on

14.3.2022. After verification, a report from the Audit

Department was received on 22.3.2022. As per that report, the

petitioner is eligible for a monthly pension of Rs.29,720/- from

1.8.2021 and a sum of Rs. 13,99,456/- towards commuted value

of pension,. Further, an amount of Rs.10,06,710/- is towards

DCRG. It is submitted that monthly pension is being disbursed to

the petitioner from April 2022 onwards and in view of the

difficult financial situation being faced by the Corporation,

consequent to the pandemic and lockdown, reasonable time is

required to disburse the balance amounts due to the petitioner.

2.Learned Counsel for the petitioner raised strong objection WP(C) NO. 9592 OF 2022

contending that it is petitioner's right to receive gratuity and

pension from the next month of his retirement and delay in

disbursal should entail in Corporation being mulcted with

interest.

Having heard the learned Counsel on either side and taking

into account the fact that the Corporation has started disbursal

of monthly pension to the petitioner, I am inclined to grant two

months time to pay the commuted value of pension and a further

period of two months for disbursing the DCRG and other

benefits, if any due. Failure to act in terms of the direction will

result in the respondents being liable to pay interest @ 9% per

month on the DCRG amount, reckoned from the first day of the

next month of petitioner's retirement.

The writ petition is disposed of accordingly.

Sd/-

V.G ARUN JUDGE

SJ WP(C) NO. 9592 OF 2022

APPENDIX OF WP(C) 9592/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF IDENTITY CARD ISSUED FROM THE 1ST RESPONDENT IN FAVOUR OF THE PETITIONER. Exhibit P2 TRUE COPY OF THE MEMO NO. MOH18/1129/08 DATED 10.12.2019 ISSUED BY THE 2ND RESPONDENT.

Exhibit P3 TRUE COPY OF THE MEDICAL REPORT ISSUED BY THE SUNRISE HOSPITAL ERNAKULAM.