IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 1982 of 2009(J) ------------------------------------ PETITIONER(S): --------------------- A.ABDUL MAJEED, DEVARUKUNNATH HOUSE, PUTHUPPALLY VILLAGE, PRAYAR P.O., OCHIRA, ALAPPUZHA DIST. BY ADV. MR.K.M.VARGHESE RESPONDENT(S): ------------------------- 1. DIRECTOR, URBAN AFFAIRS, THIRUVANANTHAPURAM. 2. DIRECTOR, LOCAL FUND AUDIT, PATHANAMTHITTA. 3. SECRETARY, THIRUVALLA MUNICIPALITY. 4. SECRETARTY, KASARAGOD MUNICIPALITY. 5. SECRETARY, KUNNAMKULAM MUNICIPALITY. R1 & R2 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH. R3 BY ADV. MR.S.SUBHASH CHAND. R4 BY ADV. MR.V.M.KURIAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 1982/2009-J APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 22/03/2008 ISSUED BY THE RESPONDENT NO.1. EXT.P2: COPY OF THE REPRESENTATION DATED 08/06/2008 SUBMITTED TO RESPONDENT NO.3. EXT.P3: COPY OF THE REPRESENTATION DATED 08/06/2008 SUBMITTED TO SECRETARY, KUNNAMKULAM MUNICIPALITY. EXT.P4: COPY OF THE REPRESENTATION DATED 07/08/2008 SUBMITTED TO THE SECRETARY, KASARAGOD MUNICIPALITY. EXT.P5: COPY OF THE REPRESENTATION SUBMITTED ON 15/09/2008 BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 1982 of 2009-J ------------------------------ Dated this the 22nd day of June, 2009. J U D G M E N T The petitioner retired from service on 31.12.2007 while he was working as Upper Division Clerk in Thiruvalla Municipality. This writ petition is filed aggrieved by the delay in disbursement of terminal benefits. He also claims interest for delayed payment of the amounts lying to his credit in his provident fund account. 2. The pleadings disclose that by Ext.P1 order dated 22.3.2008 the Director of Urban Affairs had sanctioned payment of the sum of Rs.91,322/- being the amount standing to the petitioner's credit in the provident fund account. The said sum was disbursed on 5.9.2008. In this writ petition the petitioner claims interest at the rate of 9% per annum on the delayed payment of the amounts sanctioned as per Ext.P1. He also seeks disbursement of terminal benefits with interest. The learned Government Pleader appearing for respondents 1 and 2 submits that the Director of Urban Affairs has by order passed on 12.6.2009 sanctioned pension, DCRG and commuted value of pension to the petitioner and has also directed the Secretary, Thiruvalla Municipality to pay the same. A copy of the order dated 12.6.2009 was also made available to me for perusal. W.P(C) No. 1982 of 2009-J 2 3. It is brought to my notice that payment of amounts sanctioned as per Ext.P1 was not made immediately for the reason that the contribution, which was to be received from two other Municipalities where the petitioner had worked was received belatedly. It is also stated that payment was also made on 5.9.2008. Since the payment of the amounts sanctioned as per Exhibit P1 has been made within a period of five months from the date of the order passed by the Director of Urban Affairs, I am not persuaded to agree with the petitioner that there was culpable delay on the part of the third respondent in disbursing the said amounts. I therefore find no merit in the claim made by the petitioner that he is entitled to payment of interest on the sum of Rs.91,322/- sanctioned as per Ext.P1. 4. In view of the order passed by the Director of Urban Affairs on 12.6.2009 sanctioning payment of terminal benefits and the directions issued therein, the petitioner cannot have any subsisting grievance regarding nonpayment of the terminal benefits. The learned standing counsel appearing for the Thiruvalla Municipality submits that payment will be made expeditiously. Having regard to the fact that the petitioner retired from service on 31.12.2007 and as nearly 18 months have passed thereafter, I direct the third respondent to disburse to the petitioner the terminal benefits sanctioned by the Director of Urban W.P(C) No. 1982 of 2009-J 3 Affairs as per order passed on 12.6.2009 expeditiously and in any event within one month from the date on which the petitioner produces a certified copy of this judgment. If the petitioner has any grievance regarding the payment of arrears of dearness allowance, he may move the competent authority among the respondents and seek payment of the same. The competent authority shall on such a representation being filed, consider the same and pass orders thereon within three months from the date of receipt of the representation. The writ petition is disposed of as above. No costs. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab W.P(C) No. 1982 of 2009-J 4