Disposed

Manoharan.C v. the Secretary, Thalassery Municipality

Kerala HC14 Mar 2024WP(C)/4810/2024

Case brief

AI extract

What is this about?

In WP(C) Nos. 4810 and 7341 of 2024, the High Court of Kerala directed the Thalassery Municipality to pay admitted DCRG amounts and balance retirement benefits and pension arrears to two petitioners within six weeks and two months respectively, imposing 6% interest for delay.

What did the court decide?

Direction to pay DCRG within six weeks; balance amounts within two months. Penal interest of 6% per annum if amounts are not disbursed within the period mentioned.

Manoharan.C Vs the Secretary, Thalassery… — Pension and Retirement Benefits | Kerala HC (2024)

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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 BASANT BALAJI

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THURSDAY, THE 14TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945

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WP(C) NO. 4810 OF 2024

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PETITIONER:

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MANOHARAN.C

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AGED 60 YEARS

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S/O.RAMAN, RESIDING AT MANDAYANKAVU COLONY, 6TH MILE,
P.O.KOTTAMYAMPOYIL,THALASSERY TALUK, KANNUR DISTRICT,
PIN - 670691

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BY ADV R.SURENDRAN

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RESPONDENTS:

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1 THE SECRETARY, THALASSERY MUNICIPALITY THALASSERY, KANNUR DISTRICT, PIN - 670101

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2 THALASSERY MUNICIPALITY REPRESENTED BY THE SECRETARY, THALASSERY MUNICIPALITY, THALASSERY, KANNUR DISTRICT, PIN - 670101

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3 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT DEPARTMENT OF URBAN AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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4 THE DIRECTOR OF URBAN AFFAIRS DIRECTORATE OF URBAN AFFAIRS, PUBLIC OFFICE BUILDING, MUSEUM P.O, THIRUVANANTHAPURAM, PIN - 695033

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SRI. I.V PRAMOD SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.03.2024, ALONG WITH WP(C).7341/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:

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WP(C) Nos.4810 & 7341 OF 2024

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¶20

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE BASANT BALAJI

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THURSDAY, THE 14TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945
WP(C) NO. 7341 OF 2024

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PETITIONER:

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JAMUNA.K.P
AGED 55 YEARS
W/O. LATE K.P.UDAYAKUMAR, RESIDING AT UTHRAM,
MARAKKARKANDY, P.O.THAYYIL, KANNUR TALUK, KANNUR
DISTRICT, PIN - 670003
BY ADV R.SURENDRAN

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RESPONDENTS:

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1 THE SECRETARY, THALASSERY MUNICIPALITY THALASSERY, KANNUR DISTRICT, PIN - 670101

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2 THALASSERY MUNICIPALITY REPRESENTED BY THE SECRETARY, THALASSERY MUNICIPALITY, THALASSERY, KANNUR DISTRICT, PIN - 670101

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3 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT DEPARTMENT OF URBAN AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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4 THE DIRECTOR OF URBAN AFFAIRS DIRECTORATE OF URBAN AFFAIRS, PUBLIC OFFICE BUILDING, MUSEUM P.O, THIRUVANANTHAPURAM, PIN - 695033

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.03.2024, ALONG WITH WP(C).4810/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.4810 & 7341 OF 2024

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JUDGMENT

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(Dated this the 14^th day of March, 2024)

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W.P.(C). No.4810/2024 is filed by the petitioner seeking the

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following reliefs:

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“a) A Writ or order in the nature of Mandamus may be issued to the respondents No.1 and 2 to pay the retirement benefits such as admitted DCRG amount of Rs. 4,17,942/-, admitted commutation value of pension amounting to Rs. 6,11,555/- and the value of earned leave at Rs. 2,79,540/-, all due to the petitioner, with 9% interest from 1-8-2023 till the date of actual payment within such period that the honourable court may fix,

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b) Directing the respondents No.1 and 2 to estimate and pay the D.A. arrears due to the petitioner since 2004 as per the G.O.(MS) No.153/2007/LSGD dated 7-6-2007, G.O.(MS) No.200/2011/ LSGD dated 25-8-2011, G.O.(MS) No.118/2016 LSGD dated 17-8-2016 and G.O.(MS) No.89/2021/ LSGD dated 12-8-2021 pay revision orders, with 9% interest from 1-3-2023 till the date of actual payment within such period that

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WP(C) Nos.4810 & 7341 OF 2024

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the honourable court may fix,

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c) Directing the first respondent to revise the pay and pension in terms of the G.O.(MS)No.118/2016 LSGD dated 17-8-2016 and G.O.(MS)No.89/2021/ LSGD dated 12-8-2021 pay revision orders, and pay the arrears of pay, pension, DCRG and dearness allowance, with 9% interest from 1-82023 till the date of actual payment within such period that the honourable court may fix.”

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2. W.P.(C). No.7341/2024 is filed by the widow of one

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K.P. Udayakumar seeking the following prayers:

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“a) A Writ or order in the nature of Mandamus may be issued to the respondents No.1 and 2 to pay the death benefits such as admitted DCRG amount of Rs.5,57,256/- with interest at the rate of 9% per annum from 23-11-2021 till the date of actual payment within such period that the honourable court may fix,

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b) Directing the respondents No.1 and 2 to pay pension amount and D.A for the period from 2311-2021 till 22nd May 2022 with interest at 9% per annum from the date on which it fell due.

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c) Directing the respondents No.1 and 2 to

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WP(C) Nos.4810 & 7341 OF 2024

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estimate the salary and D.A. arrears due to the petitioner’s husband as per G.O.(MS) No.118/2016 LSGD dated 17-8-2016 and G.O. (MS) No.89/2021/ LSGD dated 12-8-2021 pay revision orders, and pay the same to the petitioner with 9% interest from the respective due dates till the date of actual payment,

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d) Directing the first respondent to revise the pension of the petitioner in terms of G.O. (MS)No.89/2021/ LSGD dated 12-8-2021 pay revision order, and pay the arrears of pension, DCRG and dearness allowance to the petitioner with 9% interest from 23-11-2021 till the date of actual payment within such period that the honourable court may fix”

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3. As per Ext.P1 in both cases, orders have been issued

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for release of the retirement benefits but the same is not paid till date.

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The learned standing counsel for the Municipality

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submits that the amounts shall be paid within three months as there is financial stringency.

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WP(C) Nos.4810 & 7341 OF 2024

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Having heard the learned counsel for the petitioners as well as the learned standing counsel for the respondents, there will be a direction to the 1^st and 2^nd respondents to pay the amount of DCRG in both the cases within a period of six weeks from the date of receipt of a copy of this judgment and the balance amounts within a period of two months thereafter. If the amount is not disbursed within the period mentioned above , the amounts will carry interest at 6% from the date it became due till payment.

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These writ petitions are disposed of accordingly.

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Sd/-

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BASANT BALAJI
 JUDGE

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sms

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WP(C) Nos.4810 & 7341 OF 2024

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APPENDIX OF WP(C) 7341/2024

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE ORDER NO.A4-2362/2022
DATED 28-4-2022, ISSUED BY THE 1ST
RESPONDENT
Exhibit P2TRUE COPY OF THE PETITIONER'S PENSION
BOOK
Exhibit P3TRUE COPY OF THE LEGAL HEIRSHIP
CERTIFICATE DATED 7-5-2022 ISSUED BY THE
TAHSILDAR, KANNUR TALUK
Exhibit P4TRUE COPY OF THE JUDGEMENT DATED 12-2-
2018 IN W.P.(C) NO. 2577 OF 2018

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WP(C) Nos.4810 & 7341 OF 2024

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APPENDIX OF WP(C) 4810/2024

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE ORDER NO.A4-16838/2023
DATED 7-9-2023, ISSUED BY THE 1ST
RESPONDENT
Exhibit P2TRUE COPY OF THE JUDGEMENT DATED 12-2-
2018 IN W.P.(C) NO. 2577 OF 2018
Exhibit P3TRUE COPY OF THE APPLICATION DATED 18-12-
2023 SUBMITTED BY THE PETITIONER BEFORE
THE STATE PUBLIC INFORMATION OFFICER,
THALASSERY MUNICIPALITY

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Exhibit P4TRUE COPY OF THE REPLY DATED 11-1-2024
RECEIVEDFROMTHESTATEPUBLIC
INFORMATIONOFFICER,THALASSERY
MUNICIPALITY

Manoharan.C v. the Secretary, Thalassery Municipality

Case brief

What is this about?

What did the court decide?

Manoharan.C v. the Secretary, Thalassery Municipality

Case brief

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What did the court decide?

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