Writ petition filed by retired employee facing inordinate delay in receiving retirement benefits. Court directed Corporation to pay commuted value and DCRG within two months, imposing 9% monthly interest on default.
Direction to pay commuted value and DCRG within two months; 9% per month interest on default from date of retirement.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
WP(C) NO. 9592 OF 2022
PETITIONER/S:
ALBY M.S.,
AGED 61 YEARS
S/O. SEBASTAIN, KOOVATHARAPARAMBU, PIPELINE ROAD,
PALLURUTHI P.O, ERNAKULAM, PIN 682 006.
BY ADV K.S.SUMITHA
RESPONDENT/S:
1CORPORATION OF COCHIN,
REPRESENTED BY ITS SECRETARY, PARK AVENUE ROAD,
ERNAKULAM, PIN 682 022.
2 THE HEALTH OFFICER, CORPORATION OF KOCHI, PARK AVENUE ROAD, ERNAKULAM, PIN 682 022.3DEPARTMENT OF FINANCE,
REPRESENTED BY ITS SECRETARY, GOVERNMENT OF KERALA,
THIRUVANANTHAPURAM, PIN 695 033.
BY ADV K.JANARDHANA SHENOY
OTHER PRESENT:
SR.GP.PREMCHAND R.NAIR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 9592 OF 2022
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JUDGMENT
Dated this the 20th day of May, 2022
The petitioner retired from the service of the Cochin Corporation on 31.7.2021, and is aggrieved by the inordinate delay in disbursing his retirement benefits. The Corporation has stated that the documents with respect to the issuance of Petitioner’s pension was received in the Accounts Department on 4.3.2022 and forwarded to the Audit Department on 14.3.2022. After verification, a report from the Audit Department was received on 22.3.2022. As per that report, the petitioner is eligible for a monthly pension of Rs.29,720/- from 1.8.2021 and a sum of Rs. 13,99,456/- towards commuted value of pension,. Further, an amount of Rs.10,06,710/- is towards DCRG. It is submitted that monthly pension is being disbursed to the petitioner from April 2022 onwards and in view of the difficult financial situation being faced by the Corporation, consequent to the pandemic and lockdown, reasonable time is required to disburse the balance amounts due to the petitioner.
2.Learned Counsel for the petitioner raised strong objection
WP(C) NO. 9592 OF 2022
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contending that it is petitioner’s right to receive gratuity and pension from the next month of his retirement and delay in disbursal should entail in Corporation being mulcted with interest.
Having heard the learned Counsel on either side and taking into account the fact that the Corporation has started disbursal of monthly pension to the petitioner, I am inclined to grant two months time to pay the commuted value of pension and a further period of two months for disbursing the DCRG and other benefits, if any due. Failure to act in terms of the direction will result in the respondents being liable to pay interest @ 9% per month on the DCRG amount, reckoned from the first day of the next month of petitioner’s retirement.
The writ petition is disposed of accordingly.
Sd/-
V.G ARUN JUDGE
SJ
WP(C) NO. 9592 OF 2022
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APPENDIX OF WP(C) 9592/2022
PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF IDENTITY CARD ISSUED FROM THE
1ST RESPONDENT IN FAVOUR OF THE PETITIONER.
Exhibit P2TRUE COPY OF THE MEMO NO. MOH18/1129/08
DATED 10.12.2019 ISSUED BY THE 2ND
RESPONDENT.
Exhibit P3TRUE COPY OF THE MEDICAL REPORT ISSUED BY
THE SUNRISE HOSPITAL ERNAKULAM.
1 issue framed by the court
Whether the Corporation should be directed to pay the commuted value of pension and DCRG amount in view of inordinate delay?
Alby M.S.
Corporation of Cochin
The Health Officer, Corporation of Kochi
Department of Finance, Government of Kerala
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court