IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 WP(C).No. 34775 of 2007(M) -------------------------- PETITIONER: ------------ K.G.BALACHANDRAN, ASSISTANT ACCOUNTS OFFICER (RTD.), KARTHIKA, NO.B-1034, SATELLITE TOWNSHIP, KAKKANAD (W), KOCHI-30. BY ADV. SRI.C.S.ABDUL SAMMAD SRI.V.D.BALAKRISHNA KARTHA RESPONDENTS: ------------- 1. KERALA STATE CONSTRUCTION CORPORATION LIMITED, ADMINISTRATIVE OFFICE, BANERJI ROAD, ERNAKULAM - REPRESENTED BY ITS MANAGING DIRECTOR. 2. SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. BY ADV. SRI.M.V.THAMBAN, SC., KSCC LTD. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI ,J. ------------------------------- WP(C).NO. 34775 of 2007 --------------------------------- Dated this the 28th day of May, 2008 JUDGMENT The petitioner retired from the service of the first respondent on 31.7.2007. According to him, the following amounts are due to him: 1. Surrender leave allowance : 1.14 lakhs 2. D.A. arrears : 0.46 lakhs 3. Pay revision arrears : 0.25 lakhs 4. Gratuity : 2.35 lakhs Total : 4.20 lakhs ======= 2. There is no serious dispute regarding the correctness of the amount. He has approached this court aggrieved by the non disbursal of the retirement benefits due to him including gratuity. A statement was originally filed by the first respondent essentially contending that the Corporation is facing serious financial stringency and therefore the Corporation is not in a position to settle the retirement benefits to all its employees. Several WPC.34775 /2007 2 persons who retired before the petitioner are yet to receive their retirement benefits in its entirety. The balance amount payable to retired employees as on 30.11.2007 is given in Ext.R1(a) statement, and the same aggregates to Rs.45,54,284/-. 3. A reply affidavit has been filed by the petitioner producing along with Ext.P2 judgment of a Division bench of this court dealing with a claim by another retired employee. 4. Pursuant to a direction issued by this court an additional statement was filed by the first respondent producing a scheme for payment of the amounts due to the retired employees. 5. I heard learned counsel for the petitioner Sri.C.S.Abdul Sammad and the learned standing counsel for the first respondent Sri.M.V.Thamban. 6. No doubt the retirement benefits due to the retired employees will have to be paid as early as possible after retirement. But this court cannot ignore the financial position of the Public Sector Undertakings like the first respondent which seems to be facing financial stringency. Apparently, a scheme has been evolved for payment of the retirement benefits due to the retired employees. It could obviate arbitrariness in any action WPC.34775 /2007 3 being taken by the first respondent in the matter of disbursal of retirement benefits. 7. But going by Ext.P2 judgment, a bench of this court had earlier taken note of the fact that gratuity as such was being disbursed without the employees being compelled to stand in que for a long period. 8. In the totality of the circumstances, I am of he view that the amount due to the petitioner by way of DCRG should be disbursed without further delay, at any rate within one year from the date of his retirement, that is 31.7.2007. Accordingly, there will be a direction to the first respondent to see that the amount payable by way of DCRG is paid as early as possible, at any rate, on or before 31.7.2008. In so far as the remaining part of the retirement benefits are concerned, it is directed that the first respondent shall make its best efforts to see that the balance amount is paid to the petitioner and other retired employees as early as possible. Such payment shall be effected going by the scheme for repayment submitted by the Corporation along with additional statement filed by the first respondent on 17.3.2008. Subject to the above, the writ petition is disposed of. V. GIRI, JUDGE. WPC.34775 /2007 4 pmn/