Allowed

V.Raman Nair v. the Aluva Municipality

Kerala HC17 Dec 2018WP(C)/36729/2018

Case brief

AI extract

What is this about?

In a writ petition, the Court directed the Aluva Municipality to disburse all terminal benefits, including arrears of pension and leave surrender benefits, to a retired sanitation worker within four months, with interest at 9% p.a. for any delay.

What did the court decide?

Direction to disburse all terminal benefits, arrears of pension, gratuity, leave surrender benefits, and DA within four months, with 9% interest for delay.

V.Raman Nair Vs the Aluva Municipality — Pension and Retirement Benefits | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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MONDAY ,THE 17TH DAY OF DECEMBER 2018 / 26TH AGRAHAYANA, 1940

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WP(C).No. 36729 of 2018

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PETITIONER:

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V.RAMAN NAIR AGED 62 YEARS S/O VELAYUDHAN KUNHI KATTEKATTIL MUNDACKAL IRAPUARAM P.O ERNAKULAM DISTRICT (RETIRED SANITATION WORKER ALUVA MUNCIPALITY)

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BY ADVS. SRI.T.A.UNNIKRISHNAN SRI.K.K.AKHIL

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RESPONDENT:

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THE ALUVA MUNICIPALITY REPRESENTED BY ITS SECRETARY, MUNICIPAL OFFICE, ALUVA , ERNAKULAM DISTRICT, PIN-683101

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 36729 of 2018

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JUDGMENT

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The Petitioner retired from Aluva Muncipality

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on 31.08.2017 while working as a Sanitation Worker. His grievance is that none of the benefits received except monthly pension, from December 2017 onwards, even though the respondent Corporation issued Ext.P1 order sanctioning the terminal benefits. Therefore, petitioner has sought for a direction to

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the respondents to disburse all the terminal benefits including arrears of pension till December 2017, arrears on account of revision of pay, terminal surrender of leave benefits etc.

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Even though notice has been issued and

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served on the respondent Municipality, there is no appearance.

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The petitioner retired from service after rendering service for a long period. There is no justification for denying and delaying the pensionary benefits. It is settled law that pension and pensionary benefits are not bounties to be disbursed at the will and pleasure of the employer.

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WP(C).No. 36729 of 2018 3

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The Municipality is bound to maintain a Pension Fund for the contingent employees under (Muncipal Contingent Employees Death-cum Retirement Benefit Rules 1997). In case, the respondent Municipality had acted in tune with provisions contained there in, there would not have been any occasion for any delay in disbursing the benefit due to the contingent workers.

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Therefore, there shall be a direction to the respondent Municipality to disburse of all the terminal benefits due to the petitioner including arrears of pension, Death-cum Retirement Gratuity,

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Commuted value of pension, leave surrender benefits, arrears of DA, arrears on account of pay revision and all other benefits, within a period of 4 months from the date of receipt of a copy of this judgment. In case, there is any delay, in payment the petitioner shall be compensated by payment of interest from 01.01.2019 onwards @9% p.a till date of payment.

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Sd/-

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P.V.ASHA JUDGE

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WP(C).No. 36729 of 2018 4

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE ORDER ISSUED BY THE RESPONDENT IN DECEMBER 2017 SANCTIONING PENSION DCRG AND COMMUNICATION

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V.Raman Nair v. the Aluva Municipality

Case brief

What is this about?

What did the court decide?

V.Raman Nair v. the Aluva Municipality

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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