Petitioners challenged non-payment of salary and DA arrears. The court directed the Municipality to disburse amounts with interest within two months.
Directed the 1st respondent to pay salary arrears (Rs.39,910), DA arrears (Rs.7,240) and interest at 12% per annum within two 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
FRIDAY, THE 14TH DAY OF DECEMBER 2012/23RD AGRAHAYANA 1934
WP(C).No. 26688 of 2012 (I)
PETITIONER(S)/PETITIONER:
1. K. CHANDRAN, RETIRED SAITARY WORKER, ALAPPUZHA MUNICIPALITY R/A.PATHIL HOUSE, PAZHAVEEDU P.O.,ALAPPUZHA
2. P.S.SASINDRAN RETIRED SANITARY WORKER, ALAPPUZHA MUNICIPALITY R/A.POLAVELIL HOUSE, AVALOOKUNNU P.O.,ARYAD PANCHAYATH, ALAPPUZHA
BY ADV. SRI.C.A.RAJEEV
RESPONDENT(S):
1. ALAPPUZHA MUNICIPALITY
2. THE DIRECTOR OF URBAN AFFAIRS, TRIVANDRUM-695001
SRI.M.K.CHANDRAMOHAN DAS, SC, FOR R1 BY GOVT PLEADER SRI. T.R. RAJESH FOR R2
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 26688 of 2012 (I)
APPENDIX
PETITIONER(S) EXHIBITS :
| EXT.P1:- | TRUE COPY OF ORDER DTD 27/10/2010 OF THE JOINT DIRECTOR OF URBAN AFFAIRS |
|---|---|
| EXT.P2:- | TRUE COPY OF LETTER DTD 2/4/2012 OF THE PUBLIC INFORMATION OFFICER OF ALAPPUZHA MUNICIPALITY |
| EXT.P3:- | TRUE COPY OF RELEVANT PAGES OF PENSION BOOK DTD 4/11/2010 OF THE IST PETITIONER. |
| EXT.P4:- | TRUE COPY OF THE RELEVANT PAGES OF PENSION BOOK DTD 22/9/2010 OF THE PETITIONER. |
| EXT.P5:- | TRUE COPY OF REPLY DTD 12/6/2012 OF THE PUBLIC INFORMATION OFFICER OF THE 2ND RESPONDENT |
| EXT.P6:- | TRUE COPY OF REPLY DTD 7/9/2012 OF THE IST RESPONDENT |
| EXT.P7:- | TRUE COPY OF APPLICATION DTD 30/7/2012 SUBMITTED BEFORE THE PUBLIC INFORMATION OFFICER OF IST RESPONDENT |
| EXT.P8:- | TRUE COPY OF REPLY DTD 17/9/2012 FROM THE PUBLIC INFORMATION OFFICER OF THE IST RESPONDENT |
RESPONDENTS' EXHIBITS : NIL.
TRUE COPY
P.A. TO JUDGE
KP
P.R. RAMACHANDRA MENON, J.
W.P.(C). No. 26688 of 2012
Dated this the 14th day of December, 2012
JUDGMENT
The petitioner has approached this Court with the following
prayers:
“1. To issue a writ in the nature of mandamus or such other similar writ, order or direction commanding the 1st respondent to pay the petitioners interest at the rate of 12% per annum on the amount of their DA arrears not credited to their central provident fund account from the date when the said amounts became eligible to the petitioners till 20/7/2011, the date of actual payment, forthwith.
mandamus commanding the 1st respondent to disburse to the 1st petitioner an amount of Rs.39,910/0 being salary arrears on account of pay revision and an amount of Rs.7,240/- being balance DA arrears, forthwith.”
Municipality submits that the delay in payment was due to
W.P.C. No. 26688 of 2012 -2-
various circumstance and there is absolutely no lapse or failure on the part of the respondent. It is also stated that, the due amounts to the petitioner by way of salary arrears as well as D.A arrears will be effected within the shortest possible time, at any rate, within 'two months'.
In the above circumstance, this Court records the submission and the writ petition is disposed of, directing the respondent Municipality to effect the disbursement including the interest ordered to be paid as per Ext.P1 dated 27.10.2010, to the petitioner at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment.
P.R. RAMACHANDRA MENON, JUDGE.
Kp/-
1 issue framed by the court
Whether the respondents are compelled to pay DA arrears, salary arrears and interest to retired municipal workers.
K. Chandran
P.S. Sasindran
Alappuzha Municipality
The Director of Urban Affairs, Trivandrum
P.R. Ramachandra Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
