Petitioner challenged the inaction of Chengannoor Municipality in disbursing revised arrears of pension and Dearness Allowance following government pension unification.
Respondent to compute benefits and disburse the amount due to the petitioner within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
WEDNESDAY, THE 14TH DAY OF NOVEMBER 2012/23RD KARTHIKA 1934
WP(C).No. 23953 of 2012 (T)
PETITIONER :
M. NOORJAHAN, (RETIRED U.D.CLERK), CHENGANNOOR MUNICIPALITY) RESIDING AT RAINBOW, NEAR PRANAVAM THEATRE, KOLLAM.
BY ADV. SRI.K.SUBASHCHANDRA BOSE
RESPONDENT :
THE MUNICIPAL SECRETARY CHENGANNOOR MUNICIPALITY, CHENGANNOOR-689 121.
BY ADV. SRI.S.HARIKRISHNAN, SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
...2/-
WP(C).No. 23953 of 2012 (T)
APPENDIX
PETITIONERS' EXHIBITS :
EXHIBIT P1. TRUE COPY OF THE ORDER OF THE DIRECTOR OF URBAN AFFAIRS DATED 27.03.2012.
EXHIBIT P2. TRUE COPY OF THE REPRESENTATION DATED 20.05.2012 SUBMITTED BEFORE THE RESPONDENT.
EXHIBIT P3. TRUE COPY OF THE REPRESENTATION DATED 19.06.2012 SUBMITTED BEFORE THE RESPONDENT.
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
Mn
P.R. RAMACHANDRA MENON, J.
W.P.(C). No. 23953 of 2012
Dated this the 14rd day of November, 2012
JUDGMENT
The petitioner has sought intervention of this Court because
of the callous inaction on the part of the respondent in disbursing the arrears of pension and D.A. which came to be revised pursuant to the unification of pensions of the Government employees retired from the posts concerned. The learned counsel for the petitioner submits that, despite the filing of several representations, the benefits flowing from Ext.P1 are still to be released which hence is under challenge.
the earliest. It is also stated that, the pensionary benefits payable to the petitioner on retirement from the service on 31.5.2003 have already been released and the present grievance is only with regard to the arrears as mentioned herein before. Financial constraints and such other adverse circumstances are
W.P.C. No.23953 of 2012
-2-
also sought to be pressed into service as the reason for delay, simultaneously assuring an undertaking that the due amount will be disbursed within within the shortest possible time, for which six months' period is sought for.
judgment.
P.R. RAMACHANDRA MENON, JUDGE.
Kp/-
2 issues framed by the court
Whether the respondent Municipality is under an obligation to compute and disburse arrears of pension and Dearness Allowance revised post-unification.
Whether the writ petition should be disposed of directing the respondent to disburse the due amount within a stipulated period.
M. Noorjahan
The Municipality Secretary, Chengannoor Municipality
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
