Kerala High Court
K.N Vijayan vs North Paravur Municipality on 22 October, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
2024:KER:78580
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WP(C) NO. 31741 OF 2024
PETITIONERS:
1 K.N VIJAYAN
AGED 61 YEARS
S/O.NARAYANAN, KUDUMBISTHANAM, C. MADHAVAN ROAD,
PALLITHAZHAM, NORTH PARAVUR, NOW RESIDING AT MALIYIL
VEEDU, VATTAKANDAM JN., THEKKUMPURAM, CHENDAMANGALAM
P.O., NORTH PARAVUR., PIN - 683 512.
2 SHIBU P S
AGED 63 YEARS
S/O. SAHADEVAN, PUTHEZHATH HOUSE, PERUMPADANNA, NORTH
PARAVUR., PIN - 683 513.
BY ADV P.K.SAJEEV
RESPONDENTS:
1 NORTH PARAVUR MUNICIPALITY
NORTH PARAVUR, ERNAKULAM REPRESENTED BY ITS SECRETARY,
PIN - 683 521.
2 THE SECRETARY
NORTH PARAVUR MUNICIPALITY NORTH PARAVUR, ERNAKULAM .,
PIN - 683 521.
BY ADVS.
ANOOP.V. NAIR, STANDING COUNSEL.
TANOOSHA PAUL(K/714/2010)
AVANTHIKA R.(K/001238/2023)
ASTEL JOSEPH(K/002535/2024)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.10.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 31741 OF 2024 : 2 :
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JUDGMENT
The petitioners were Contingent Sanitation workers
in the 1st respondent, Municipality. They retired from
service on 31.05.2023 and 31.05.2022 respectively, on
attaining the age of superannuation. The grievance of the
petitioners is that they have not so far been paid the
terminal benefits. Accordingly, they have filed this writ
petition seeking a direction to the respondents to
disburse the terminal benefits due to them with interest,
within a time frame.
2. It is submitted that pursuant to the interim
order passed by this Court on 09.09.2024, 50% of the
gratuity directed to be paid to the petitioners has been
disbursed.
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3. The learned Counsel for the respondents
submits that due to the financial constraints, the 1 st
respondent is not in a position to disburse the pensionary
benefits due to the petitioners. In D.S. Nakara v. Union
of India [1983 (1) SCC 305], the Hon'ble Supreme Court
has observed that pension is neither a bounty nor a
matter of grace depending upon the sweet will of the
employer nor an ex gratia payment. It is a payment for
the past services rendered. It is a social welfare measure
rendering socio economic justice to those who in the
hey-day of their life ceaselessly toiled for the employer
on an assurance that in their old age they would not be
left in lurch. Paucity of funds or financial stringency of
the employer cannot be a ground for denying pension.
There will be a direction to the respondents to
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disburse the entire retirement benefits due to the
petitioners including balance DCRG, earned leave
surrender, pension commutation, arrears of pay revision,
arrears of DA, earned leave and PF amount within a
period of four months from the date of receipt of a copy
of this judgment. The amount of DCRG shall carry
interest at the rate of 6% per annum from two months
after the date of retirement. All other benefits, if not
paid within the aforesaid time, shall carry interest at 6%
per annum.
The writ petition is disposed of with the above
directions. Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SRJ
2024:KER:78580
APPENDIX OF WP(C) 31741/2024
PETITIONERS' EXHIBITS
EXHIBIT -P1 TRUE COPY OF THE ORDER DATED 29.11.2022 ISSUED
BY THE 2ND RESPONDENT.
EXHIBIT -P2 TRUE COPY OF THE APPLICATION DATED 06.05.2024
GIVEN BY THE 1ST PETITIONER.
EXHIBIT -P3 TRUE COPY OF THE RECEIPT DATED 06.05.2024 ISSUED
FROM THE OFFICE OF THE 1ST RESPONDENT TO THE
1ST PETITIONER.
EXHIBIT -P4 TRUE COPY OF THE APPLICATION DATED 06.05.2024
GIVEN BY THE 2ND PETITIONER.
EXHIBIT -P5 TRUE COPY OF THE RECEIPT DATED 06.05.2024 ISSUED
FROM THE OFFICE OF THE 1ST RESPONDENT TO THE
2ND PETITIONER.
