Allowed

Kanchana.M v. the Secretary, Thalassery Municipality

Kerala HC22 Mar 2024WP(C)/8058/2024

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Thalassery Municipality to pay the petitioner's sanctioned commuted pension, DCRG, and arrears within a specific timeline, dismissing the plea of financial stringency and awarding further interest for delay.

What did the court decide?

Directed payment of DCRG, commuted pension, and arrears within six months with 6% interest on delay; incorporated statutory interest at 9% per month.

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

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR.JUSTICE BASANT BALAJI

¶4

FRIDAY, THE 22ND DAY OF MARCH 2024 / 2ND CHAITHRA, 1946

¶5

W.P.(C) NO.8058 OF 2024

¶6

PETITIONER:

¶7

KANCHANA.M, AGED 60 YEARS, D/O.PADMANABHAN,
RESIDING AT DEVAMRITHAM, PARAMKUNNU, KADIRUR P.O.,
KANNUR DISTRICT., PIN – 670 642.

¶8

BY ADV R.SURENDRAN

¶9

RESPONDENTS:

¶10

1 THE SECRETARY, THALASSERY MUNICIPALITY, THALASSERY, KANNUR DISTRICT, PIN – 670 101

¶11

2 THALASSERY MUNICIPALITY, REPRESENTED BY THE SECRETARY, THALASSERY MUNICIPALITY, THALASSERY, KANNUR DISTRICT, PIN – 670 101

¶12

3 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF URBAN AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695 001

¶13

4 THE DIRECTOR OF URBAN AFFAIRS, DIRECTORATE OF URBAN AFFAIRS, PUBLIC OFFICE BUILDING, MUSEUM P.O, THIRUVANANTHAPURAM, PIN – 695 033

¶14

SRI. I.V PRAMOD,SC, FOR - RI,
SRI. TONY AUGUSTINE, GOVERNMENT PLEADER

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

¶17

WPC. 8058/2024

¶18

JUDGMENT ( Dated: 22^nd March, 2024)

¶19

The petitioner has approached this court seeking a direction to pay DCRG

¶20

amount of Rs.6,04,978/- and commuted value of pension of Rs.8,65,831/-, D.A. arrears and arrears of pension in terms of G.O.(MS)No.89/2021/LSGD dated 12.08.2021 pay revision order with interest at the rate of 9% per month for the period from 01.05.2023 till the date of payment.

¶21

The petitioner retired from the service of the 2^nd respondent on 30.04.2023. She filed an application for payment of DCRG and commuted value of pension and retirement benefits before the 2^nd respondent. The Deputy Director, Local Fund Audit, Thalassery Municipality after scrutinizing the files, forwarded them to the 2^nd respondent, and based on this, sanction

¶22

has been granted for regular pension to the petitioner at the rate of Rs.18,387/- per month from 01.05.2023 to 02.04.2030. As per Ext.P1, DCRG as well as the commuted value of pension was sanctioned, but the same has not been paid till date.

¶23

The counsel for the respondents submits that the DCRG as well as the

¶24

commuted value of pension, D.A. arrears, and arrears of pension in terms of

¶25

¶26

WPC. 8058/2024

¶27

G.O.(MS)No.89/2021/LSGD dated 12.08.2021 pay revision order with interest

¶28

at the rate of 9% per month for the period from 01.05.2023 is not paid due to financial stringency. The counsel for the respondents also submits that the amounts can be paid if some time is granted.

¶29

Heard Sri.R.Surendran, counsel for the petitioner, Sri.I.V.Pramod,

¶30

learned Standing counsel and learned Government Pleader.

¶31

Recording the submission made by the counsel for the respondents, the

¶32

writ petition is disposed of directing the 2^nd respondent to pay DCRG as well

¶33

as the commuted value of pension to the petitioner within a period of two

¶34

months from the date of receipt of a copy of the judgment, and the balance amount to be paid within a period of three months thereafter. If the amount

¶35

is not paid as directed above, the entire amount due will carry interest at the

¶36

rate of 6%, the date from which it becomes due.

¶37

The writ petition is disposed of.

Sd/-

BASANT BALAJI,

JUDGE

WPC. 8058/2024

APPENDIX OF WP(C)8058/2024

¶45

PETITIONER EXHIBITS:

¶46

Exhibit P1TRUE COPY OF THE ORDER NO.A4-4579/2023 DATED
30-6-2023, ISSUED BY THE 1ST RESPONDENT
Exhibit P2TRUE COPY OF THE JUDGMENT DATED 12-2-2018 IN
W.P.(C) NO.2577 OF 2018

Kanchana.M v. the Secretary, Thalassery Municipality

Case brief

What is this about?

What did the court decide?

Kanchana.M v. the Secretary, Thalassery Municipality

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Balasubrahmaniom M.D. Vs Oriental Insurance Company Ltd.

Yohannan.K.P Vs the Chairman and Managing Director

Arunkumar S. Vs the Travancore Devaswom Board

K.R Sreeshan Pillai Vs State of Kerala

Shaji M.A Vs Autokast Ltd.

Rejeeshmon K.P Vs Kerala State Road Transport Corporation