Petitioner, retired sanitation worker, filed writ petition against Municipality for non-disbursement of admitted retirement benefits after one year. Court directed payment within four months with 6% interest for delay.
Directed respondent to disburse amounts found due within four months; 6% per annum interest to accrue if not paid.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
WEDNESDAY, THE 24TH DAY OF JUNE 2015/3RD ASHADHA, 1937
WP(C).NO. 17733 OF 2015 (N)
PETITIONER(S):
V.C. LILLY
RETIRED SANITATION WORKER, MAVELIKKARA MUNICIPALITY MAVELIKKARA(PARAKKATTU, KANJIRAMCHIRA, ALAPPUZHA).
BY ADVS.SRI.K.SASIKUMAR
SRI.S.ARAVIND
RESPONDENT(S):
1. MAVELIKKARA MUNICIPALITY REPRESENTED BY ITS SECRETARY, MAVELIKKARA - 690 101.
2. DIRECTOR OF URBAN AFFAIRS
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM -695 001.
BY GOVERNMENT PLEADER SMT.LOWSY.A
BY SRI.RASHEED.C, SC, MAVELIKKARA MUNICIPALITY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).NO. 17733 OF 2015 (N)
APPENDIX
PETITIONER(S)' EXHIBITS
EXT.P-1: A TRUE COPY OF THE ORDER DATED 12.1.2015 ISSUED BY THE IST RESPONDENT
RESPONDENT(S)' EXHIBITS:NIL
//TRUE COPY//
P.A TO JUDGE
A.K.JAYASANKARAN NAMBIAR, J.
............................................................. W.P.(C).No.17733 of 2015 ............................................................. Dated this the 24th day of June, 2015
J U D G M E N T
The petitioner, who was a contingent sanitation worker under the respondent Municipality, retired from service on attaining the age of superannuation on 30.06.2014. Her case in the writ petition is that after her retirement, although by Ext.P1 order the respondent Municipality found her entitled to various amounts by way of retirement benefits, the said amounts were not disbursed to her even after one year. It is under these circumstances, that the writ petition has been filed.
On a consideration of the facts and circumstances of the case as also the submissions made across the bar, I find that, inasmuch as the amounts due to the petitioner have been admitted in Ext.P1 order by the respondent Municipality, there is no justification for the delay in disbursing the payments due to the petitioner. I take note of submission of counsel for the respondent Municipality, that the respondent Municipality is currently facing a financial crunch and it is
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W.P.(C).No.17733 of 2015
under these circumstances that the payment of amounts due to the petitioner is delayed. Under the circumstances, I dispose the writ petition with a direction to the respondent Municipality to disburse the amounts, found due and payable to the petitioner by Ext.P1 order, to the petitioner within a period of four months from the date of receipt of a copy of this judgment. I make it clear that, if the amounts directed to be paid are not paid to the petitioner within the period mentioned above, then the said payments will carry interest at the rate of 6% per annum from the date immediately after the expiry of four months, till the date of actual disbursement to the petitioner.
A.K.JAYASANKARAN NAMBIAR JUDGE
mns
W.P.(C).No.17733 of 2015 3
1 issue framed by the court
Whether the delay in disbursing admitted retirement benefits to a retired sanitation worker warrants the grant of specific relief.
V.C. Lilly
Mavelikkara Municipality
A.K.Jayasankaran Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
