P.P.Thankamma vs Pala Municipality
2024 Latest Caselaw 30430 Ker

Kerala High Court

P.P.Thankamma vs Pala Municipality on 25 October, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

WP(C) NO. 34080 OF 2024       : 1 :



                                           2024:KER:79502




       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                         PRESENT

   THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

 FRIDAY, THE 25TH DAY OF OCTOBER 2024 / 3RD KARTHIKA, 1946

                WP(C) NO. 34080 OF 2024

PETITIONER:



         P.P.THANKAMMA, AGED 61 YEARS
         W/O BABU RESIDING AT KEECHERIKUNNEL VEEDU
         KIDANGOOR P.O, KOTTAYAM DISTRICT [SANITATION
         WORKER,                 PALA MUNICIPALITY,
         RETIRED ON 30-11-2023], PIN - 686572


         BY ADV N.SASIDHARAN UNNITHAN


RESPONDENTS:



   1     PALA MUNICIPALITY
         REP. BY ITS SECRETARY PALA, PAPA P.O,
         KOTTAYAM DISTRICT, PIN - 686575

   2     SECRETARY
         PALA MUNICIPALITY, PALA P.O
         KOTTAYAM DISTRICT, PIN - 686575

   3     DIRECTOR OF URBAN AFFAIRS
         SWARAJ BHAVAN, NANDANCODE,
         THIRUVANATHAPURAM, PIN - 695033
 WP(C) NO. 34080 OF 2024   : 2 :



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   4    SENIOR DEPUTY DIRECTOR
        KARALA STATE AUDIT DEPARTMENT DISTRICT AUDIT
        OFFICE KPTTAYAM, PIN - 686002

        BY ADV SUJITH MATHEW JOSE
        BY SR.GP SMT.MARY BEENA JOSEPH

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 25.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 34080 OF 2024     : 3 :



                                     2024:KER:79502


                   JUDGMENT

The petitioner retired from service of the

1st respondent Municipality as Sanitation

Worker on 30.11.2023. The grievance of the

petitioner is that, the death-cum-retirement

gratuity and the commuted value of pension due

to her are not so far disbursed.

2. The learned Standing Counsel for the

Municipality submits that the amounts are not

disbursed due to the financial constraints of the

Municipality and steps will be taken to disburse

the same at the earliest.

3. In the facts and circumstances of the

case and having considered the submissions

made across the Bar, there will be a direction to

2024:KER:79502

respondents 1 to 3 to disburse the DCRG due to

the petitioner within a period of two months

from the date of receipt of a copy of this

judgment and the commuted value of pension

shall be disbursed within a period of four

months thereafter. The amount of gratuity will

carry interest @ 6% per annum from two

months from the date of retirement of the

petitioner.

The writ petition is disposed of

accordingly.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SB

2024:KER:79502

APPENDIX

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE LETTER NO.KSA-

K.T.M.P.17/1186/2024 DATED 20-7-2024 ISSUED BY THE 4TH RESPONDENT

Exhibit-P2 TRUE COPY OF THE LETTER NO.KSA-

K.T.M.P.17/1186/2024 DATED 20-7-2024 ISSUED BY THE 4TH RESPONDENT

Exhibit-P3 TRUE COPY OF THE REPRESENTATION DATED 22-7-2024 OF THE PETITIONER SUBMITTED TO THE 2ND RESPONDENT.

Exhibit-P4 TRUE COPY OF THE JUDGMENT DATED 9-4-2024 IN W.P(C)NO.12714/2024 OF THIS HONOURABLE COURT.