IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 17TH NOVEMBER 2011 / 26TH KARTHIKA 1933 WP(C).No. 29740 of 2011(N) ---------------------------------- PETITIONER(S): ------------------- 1. SMT.L.YAMUNA W/O.K.ANANDAN, AGED 71 YEARS SUPERINTENDENT (RETD.), ALAPPUZHA MUNICIPALITY AND RESIDING AT SATHIBHAVANAM, THIRUVAMPADI P.O., THIRUVAMPADI JUNCTION, ALAPPUZHA. 2. SMT.K.SARASWATHY AMMA,W/O.M.KRISHNAN (LATE) AGED 68 YEARS, PEON (RETD.) ALAPPUZHA MUNICIPALITY AND RESIDING AT CHIRAYIL HOUSE, MULLATHU VALAPPU, THIRUVAMPADI P.O., ALAPPUZHA. 3. SMT.P.K.PADMINI, FAMILY PENSIONER, AGED 71 YEARS, W/O.LATE A.K.BHASKARAN (P.A. TO COMMISSIONER)(RETD.)ALAPPUZHA MUNICIPALITY AND RESIDING AT MATTATHIL HOUSE, MANNANCHERY P.O., ALAPPUZHA. 4. SMT.C.SAROJINI W/O.B.SUDHAKARAN NAIR (LATE) FAMILY PENSIONER, AGED 63 YEARS, NOW RESIDING AT NARAYANIYAM, PAZHAVEEDU P.O., ALAPPUZHA. 5. SMT.SULFATH SATHAR (FAMILY PENSIONER) AGED 61 YEARS, W/O.SHRI V.ABDUL SATHAR (LATE) PEON (RETD.) MUNICIPALITY ALAPPUZHA AND RESIDING AT ALAPPURATH HOUSE, HOUSE NO.III/29, PONNAD P.O., MANNAMCHERI, ALAPPUZHA. 6. SHRI.V.SARGADHARAN, S/O.K.KRISHNAN, AGED 68 YEARS, U.D.CLERK, (HIGHER GRADE) (RETD.) MUNICIPALITY, ALAPPUZHA AND RESIDING AT KUTTUNGAL HOUSE, KATTOOR P.O., KALAVOOR, ALAPPUZHA. 7. SHRI.V.K.RAMAMOORTHY S/O.R.VENKETESWARAKAMATH, AGED 69 YEARS, SUPERINTENDETN (RETD.)ALAPPUZHA MUNICIPALITY AND RESIDING AT `HARISREE' KOVILAKATHUCHIRA, ERAVAKKADU, VADAKKAL P.O., ALAPPUZHA. svs ...........2/-.... ...2... WPC. NO.29740/2011 8. SMT.LEELA B.NAIR, FAMILY PENSIONER AGED 72 YEARS, W/O.(LATE)T.A.BHASKARAN NAIR, HEALTH INSPECTOR (RETD)ALAPPUZHA MUNICIPALITY AND RESIDING AT THEKKETHOPPIL, PALACE WARD, ALAPPUZHA. 9. SMT.P.CHANDRAMATHY AMMA, FAMILY PENSIONER, AGED 60 YEARS, W/O.(LATE)T.K.MUHAMMED IBRAHIM, METER READER,(RETD.), ALAPPUZHA MUNICIPALITY AND RESIDING AT POONILAVU, ERAVUKKADU WARD, THIRUVAMPADI.P.O., ALAPPUZHA. 10. SMT.K.V.RATNAMMA, AGED 71 YEARS, W/O.(LATE)A.K.SUBRAMANIAN, U.D.CLERK (HIGHER GRADE)(RETD.), ALAPPUZHA MUNICIPALITY AND RESIDING AT DEEPTHI, SANATHANAPURAM P.O., KALARKODU, ALAPPUZHA. BY ADV. SRI.N.UNNIKRISHNAN RESPONDENT(S): -------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, GOVERNMENT LOCAL SELF DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION THIRUVANANTHAPURAM-695 001. 3. THE SECRETARY, ALAPPUZHA MUNICIPALITY ALAPPUZHA-688 007. R1 BY SR. GOVT. PLEADER SRI. E.M. ABDUL KHADER R2 & R3 BY ADV. SRI. M.K.CHANDRAMOHAN DAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 29740/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF G.O.(P)120/07/FIN.DATED 20/3/2007. P2: COPY OF GO.(P)NO.236/2007/FIN.DATED 12/6/2007. P3: COPY OF GO(P)NO.220/2008/FIN.DATED 22/5/2008. P4: COPY OF REPRESENTATION DATED 12/6/2008. P5: COPOY OF GO(P)NO.38/2009/FIN.DATED 17/1/2009. P6: COPY OF JUDGMENT IN WPC.NO.9639/09 DATED 24/5/2010. P7: COPY OF REPRESENTATION DATED 28/9/2011. P8: COPY OF JUDGMENT DATED 29/9/2011 IN WPC.23693/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs K.SURENDRA MOHAN, J = = = = = = = = = = = = = WP(C).No.29740 of 2011-N. = = = = = = = = = = = = = Dated this the 17th November, 2011. J U D G M E N T The petitioners are retired employees of the Alappuzha Municipality. They complain that though they were retired from service, their retirement benefits have not been disbursed to them till date. According to them, they are persons having only their salary as income and that after their retirement they had to depend their retirement benefits alone for their subsistence. Therefore, the delay in disbursement of their retirement benefits is causing them undue hardships and difficulties. According to them, they have not been given their dearness allowance due on their pension, which is remaining in arrears. Non payment of the dearness allowance arrears is causing them a lot of hardships. It is also contended that there are also arrears of payment of the one rank one pension. Therefore, they WP(C).No.29740/2011-N. 2 seek appropriate directions for the disbursement of the arrears. 2. The counsel for the Municipality submits that Alappuzha Municipality is facing a lot of financial problems and that is the reason for the non payment of the dearness allowance. However, it is submitted that the entire dearness allowance due to the petitioners would be paid within a period of four months. 3. In view of the above submission, this writ petition is disposed of directing the third respondent to pay to the petitioners the arrears of dearness allowance and other retirement benefits due to the petitioners as expeditiously as possible and at any rate within a period of four months from today. K.SURENDRA MOHAN, (Judge) Kvs/-