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Arumughan, v. State of Kerala

Kerala HC15 Mar 2022WP(C)/371/2022

Case brief

AI extract

What is this about?

Retired Sanitary Workers filed a writ petition seeking direction to Palakkad Municipality to disburse 16 Dearness Allowance instalments due from 2010 to 2018. The Court directed payment within four months and pay revision arrears within eight months while leaving interest to be considered separately.

What did the court decide?

Directing the 3rd respondent Municipality to disburse D.A. arrears within four months and pay revision arrears within eight months.

Arumughan, Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

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WP(C).371/22

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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TUESDAY, THE 15^TH DAY OF MARCH 2022 / 24TH PHALGUNA, 1943

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WP(C) NO. 371 OF 2022

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PETITIONER/S:

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1 ARUMUGHAN, AGED 76 YEARS S/O. KANDAN, POOTHEDAM, KODUNTHIRAPPULLI, PUDUR, PALAKKAD 678 004.

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2 CHANDRAN, AGED 76 YEARS S/O. KUNJUVELLA, KOYILATHUMBADI, ATHIRKKAD, PATHIRIPALA, PALAKKAD-678 642

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3 SUKUMARAN, AGED 72 YEARS LAKSHMI NIVAS, KADAMKODE, KARINGARAPPULLI, PALAKKAD - 678 551

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4 KUNJIKANNAN, AGED 72 YEARS SANTHANIVAS, S/O. PADMANABHAN NAIR, MOZHIPULAM, THIRUNELLAY, PALAKKAD 678.

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5 PREMA , AGED 72 YEARS W/O. SUBRAMANIAN, MUNICIPAL QUARTERS, MANNARKKATTU PARAMBU, KADAMKODE, PALAKKAD-678 010

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6 YOUSUF, AGED 71 YEARS S/O. KUTTIAHAMMED, UMMINI, RAILWAY COLONY, OLAVAKKODE, PALAKKAD 678 009.

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7 DAIVANA, AGED 71 YEARS W/O. VELAYUDHAN, MANAIL ROAD, MANALI, PALAKKAD 678 003.

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8 PRABHAKARAN,

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WP(C).371/22

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AGED 72 YEARS S/O. LAKSHMANAN, KURUPPATHUBEEDU, CHANDRANAGAR (P.O), CHEMBALODE, PALAKKAD-678 007

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9 ARUMUGHAN, AGED 66 YEARS S/O. VELLA, NEAR FIRE STATION, KALLEKKAD, PALAKKAD678 006

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10 MANI, AGED 67 YEARS S/O. APPU, NEAR FIRE STATION, KALLEKKAD, PALAKKAD 678 006.

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11 HANEEFA, AGED 69 YEARS S/O. IBRAHIM, PUTHUPPALLITHERUVU, NOORANI, PALAKKAD 678 001.

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BY ADV U.BALAGANGADHARAN

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001

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2 THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM-695 001

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3 PALAKKAD MUNICIPALITY, REPRESENTED BY ITS SECRETARY, PALAKKAD-678 001

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4 THE SECRETARY, PALAKKAD MUNICIPALITY, PALAKKAD 678 001.

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BY ADV SHRI.BINOY VASUDEVAN, SC, PALAKKAD MUNICIPALITY

OTHER PRESENT:

WP(C).371/22

GP VENUGOPAL V.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).371/22

V.G.ARUN, J.

W.P(C).No. 371 of 2022

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Dated this the 15^th day of March, 2022

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JUDGMENT

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Petitioners have retired as Sanitary Workers from the 3^rd respondent Municipality. They are aggrieved by non disbursement of 16 instalments of Dearness Allowance legitimately due to them from 2010 to 2018. The petitioners therefore seek a direction to the Municipality to disburse the entitled D.A instalments for the period 2010-2018 with interest.

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On behalf of the 3^rd respondent Municipality, a statement has been filed acknowledging that amounts are due to the petitioners, but highlighting the financial crisis presently faced, in the wake of COVID-19 pandemic and its aftermath. It is stated that the D.A arrears payable to the petitioners can be disbursed within six months and the pay revision arrears, within one year.

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Learned counsel for the petitioners submits that the amounts due to the petitioners are meager and if sincere efforts are taken, it will be possible for the Municipality to disburse the amount within a lesser period.

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Learned Standing Counsel would submit that for effecting

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WP(C).371/22

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payment even within six months, the Municipality will have to empty its coffers.

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Considering that the petitioners are Sanitary Workers and the amount involved is not much, I deem it appropriate to dispose of the writ petition directing the 3^rd respondent Municipality to disburse the D.A arrears payable to the petitioners within a period of four months and the pay revision arrears, within eight months. The entitlement of the petitioners for interest on the delayed payment of the aforementioned amounts is left open to be considered in appropriate proceedings.

Sd/-

V.G.ARUN, JUDGE

vgs

WP(C).371/22

APPENDIX OF WP(C) 371/2022

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PETITIONER EXHIBITS

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Exhibit P1	A TRUE COPY OF THE INFORMATION DATED
	28.09.2021 RECEIVED BY THE 1ST PETITIONER FROM THE PUBLIC INFORMATION OFFICER (P.I.O) IN THE OFFICE OF THE PALAKKAD MUNICIPALITY.
Exhibit P1(a)	A TRUE COPY OF THE INFORMATION DATED 13.12.2021 RECEIVED BY THE 1ST PETITIONER FROM THE PUBLIC INFORMATION OFFICER (P.I.O) IN THE OFFICE OF THE PALAKKAD MUNICIPALITY WITH REGARD TO DA ARREARS.
Exhibit P2	A TRUE COPY OF THE INFORMATION DATED 28.09.2021 RECEIVED BY THE 2ND PETITIONER FROM THE PUBLIC INFORMATION OFFICER, (P.I.O) IN THE OFFICE OF THE PALAKKAD MUNICIPALITY WITH REGARD TO DA ARREARS.
Exhibit P2(a)	A TRUE COPY OF THE INFORMATION DATED 13.12.2021 RECEIVED BY THE 2ND PETITIONER FROM THE PUBLIC INFORMATION OFFICER (P.I.O) IN THE OFFICE OF THE PALAKKAD MUNICIPALITY WITH REGARD TO DA ARREARS.
Exhibit P3	A TRUE COPY OF THE INFORMATION DATED 28.09.2021 RECEIVED BY THE 3RD PETITIONER FROM THE PUBLIC INFORMATION OFFICER (P.I.O) IN THE OFFICE OF THE PALAKKAD MUNICIPALITY WITH REGARD TO DA ARREARS.
Exhibit P3(a)	A TRUE COPY OF THE INFORMATION DATED 13.12.2021 RECEIVED BY THE 3RD PETITIONER FROM THE PUBLIC INFORMATION OFFICER (P.I.O) IN THE OFFICE OF THE PALAKKAD MUNICIPALITY WITH REGARD TO DA ARREARS.
Exhibit P4	A TRUE COPY OF THE INFORMATION DATED 28.09.2021 RECEIVED BY THE 4TH PETITIONER FROM THE SPIO IN THE OFFICE OF THE PALAKKAD MUNICIPALITY WITH REGARD TO DA ARREARS.

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WP(C).371/22

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Exhibit P4(a)	A TRUE COPY OF THE INFORMATION DATED 13.12.2021 RECEIVED BY THE 4TH PETITIONER FROM THE PUBLIC INFORMATION OFFICER (P.I.O) IN THE OFFICE OF THE PALAKKAD MUNICIPALITY WITH REGARD TO DA ARREARS.
Exhibit P5	A TRUE COPY OF THE INFORMATION DATED 28.09.2021 RECEIVED BY THE 5TH PETITIONER FROM THE PUBLIC INFORMATION OFFICER (P.I.0) IN THE OFFICE OF THE PALAKKAD MUNICIPALITY WITH REGARD TO DA ARREARS.
Exhibit P5(a)	A TRUE COPY OF THE INFORMATION DATED 13.12.2021 RECEIVED BY THE 5TH PETITIONER FROM THE PUBLIC INFORMATION OFFICER (P.I.O) IN THE OFFICE OF THE PALAKKAD MUNICIPALITY WITH REGARD T DA ARREARS.
Exhibit P6	A TRUE COPY OF THE INFORMATION DATED 28.09.2021 RECEIVED BY THE 6TH PETITIONER FROM THE PUBLIC INFORMATION OFFICER, (P.I.O) IN THE OFFICE OF THE PALAKKAD MUNICIPALITY WITH REGARD TO DA ARREARS.
Exhibit P7	A TRUE COPY OF THE INFORMATION DATED 28.09.2021 RECEIVED BY THE 7TH PETITIONER FROM THE PUBLIC INFORMATION OFFICER (P.I.O) IN THE OFFICE OF THE PALAKKAD MUNICIPALITY WITH REGARD TO DA ARREARS.
Exhibit P8	A TRUE COPY OF THE INFORMATION DATED 28.09.2021 RECEIVED BY THE 8TH PETITIONER FROM THE PUBLIC INFORMATION OFFICER (P.I.O) IN THE OFFICE OF THE PALAKKAD MUNICIPALITY WITH REGARD TO DA ARREARS.
Exhibit P8(a)	A TRUE COPY OF THE INFORMATION DATED 13.12.2021 RECEIVED BY THE 8TH PETITIONER FROM THE PUBLIC INFORMATION OFFICER (P.I.O) IN THE OFFICE OF THE PALAKKAD MUNICIPALITY WITH REGARD TO DA ARREARS.

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WP(C).371/22

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Exhibit P9	A TRUE COPY OF THE INFORMATION DATED 25.08.2021 RECEIVED BY THE 9TH PETITIONER FROM THE PUBLIC INFORMATION OFFICER (P.I.O) IN THE OFFICE OF THE PALAKKAD MUNICIPALITY WITH REGARD TO DA ARREARS.
Exhibit P10	A TRUE COPY OF THE INFORMATION DATED 25.08.2021 RECEIVED BY THE 10TH PETITIONER FROM THE PUBLIC INFORMATION OFFICER (P.I.O) IN THE OFFICE OF THE PALAKKAD MUNICIPALITY WITH REGARD TO DA ARREARS.
Exhibit P11	A TRUE COPY OF THE INFORMATION DATED 13.12.2021 RECEIVED BY THE 11TH PETITIONER FROM THE PUBLIC INFORMATION OFFICER (P.I.O) IN THE OFFICE OF THE PALAKKAD MUNICIPALITY WITH REGARD TO DA ARREARS.
Exhibit P12	A TRUE COPY OF THE LETTER DATED 28.02.2019 OF THE 1ST RESPONDENT.
Exhibit P13	A TRUE COPY OF THE LETTER DATED 28.06.2019 OF THE PUBLIC INFORMATION OFFICER OF THE PALAKKAD MUNICIPALITY.
Exhibit P14	A TRUE COPY OF THE LETTER DATED 15.07.2021 OF THE RESPONDENT NO. 4.
Exhibit P15	A TRUE COPY OF THE LETTER DATED 28.09.2021 OF THE PUBLIC INFORMATION OFFICER(P.I.O) IN THE OFFICE OF THE PALAKKAD MUNICIPALITY.

Arumughan, v. State of Kerala

Case brief

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What did the court decide?

Arumughan, v. State of Kerala

Case brief

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What did the court decide?

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