Retired Sanitation Worker sought terminal benefits denied by Alappuzha Municipality. Court granted relief, directing municipality to disburse benefits within three months with 6% interest for delay.
To disburse terminal benefits within three months; to pay 6% per annum interest for delay from 01.04.2017.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 8TH DAY OF MARCH 2018 / 17TH PHALGUNA, 1939
WP(C).No. 5804 of 2018
PETITIONER :
DEENAMMA Y., AGED 60 YEARS, D/O. YOHANNAN, VAZHATHARAYIL HOUSE, POONKAVU P. O., MARARIKULAM SOUTH PANCHAYATH, PATHIRAPPALLY, ALAPPUZHA DISTRICT (RETD. SANITATION WORKER, ALAPPUZHA MUNICIPALITY).
BY ADV.SMT.C.K.SHERIN
RESPONDENTS :
1. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, THIRUVANANTHAPURAM-695001.
2. ALAPPUZHA MUNICIPALITY, ALAPPUZHA P.O., PIN-688001, REPRESENTED BY ITS SECRETARY.
R1 BY SENIOR GOVERNMENT PLEADER SRI. BIJOY CHANDRAN R2 BY SRI.AZAD BABU, SC,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp 08/3/2018
WP(C).No. 5804 of 2018 (A)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF INTIMATION NO. H7-31668/14 DATED 20.9.2016 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2 TRUE COPY OF ORDER NO. P.F 12-182063/17 DATED 9.8.2017 ISSUED BY THE 1ST RESPONDENT.
RESPONDENT'S EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp/ 08.3.2018
P.V.ASHA J.
W.P.(C).No.5804 of 2018
------------------------------------- Dated this the 8th day of March, 2018
J U D G M E N T
Petitioner, who retired as sanitation Worker
under the Alappuzha Municipality on 31.01.2017, has filed this writ petition aggrieved by the denial of her terminal benefits, including DCRG, commuted value of pension, leave surrender, pay revision arrears, arrears of dearness allowance and the interest towards the provident fund on the arrears of DA, which was payable to her. Petitioner submits that except monthly pension no terminal benefits is paid to her sofar.
delaying the pensionary benefits due to the petitioner as the terminal benefits including pension are earned
W.P.(C).No.5804 of 2018
2
by the petitioner by her long service and it is her property not to be appropriated by the second respondent at their whims and fancies.
In the above circumstances, the writ petition is disposed of, directing the second respondent to disburse all the terminal benefits due to the petitioner including DCRG, commuted value of pension, leave surrender, pay revision arrears, arrears of dearness allowance and the interest towards the provident fund on the arrears of DA, etc., within a period of 'three months' from the date of receipt of a copy of the judgment.
In case there occurs any delay in payment, second respondent shall be liable to pay interest at the rate of 6% per annum from 01.04.2017 onwards.
Sd/- P.V.ASHA, JUDGE.
AS
1 issue framed by the court
Whether the petitioner is entitled to the payment of terminal benefits including DCRG, commuted value of pension, and interest.
DEENAMMA Y.
THE DIRECTOR OF MUNICIPAL ADMINISTRATION, THIRUVANANTHAPURAM
ALAPPUZHA MUNICIPALITY
P.V. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
