IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 20TH JANUARY 2011 / 30TH POUSHA 1932 WP(C).No. 766 of 2011(U) ---------------------- PETITIONER : -------------------- UTHAMAN, S/O. LATE K.NARAYANAN, PADIPPURACKAL, AVALOOKKUNNU P.O., ALAPPUZHA. BY ADV. SRI.B.PRAMOD RESPONDENT(S): ------------------------- 1. THE DIRECTOR OF URBAN AFFAIRS, PUBLIC OFFICE BUILDING, THIRUVANANTHAPURAM-695 033. 2. THE MAVELIKKARA MUNICIPALITY, REP. BY SECRETARY, MUNICIPAL OFFICE, MAVELIKKARA-691 101. R1 BY GOVT. PLEADER SRI. SANDESH RAJA R2 BY ADV. SRI. K. HARILAL, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 766 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of January, 2011 J U D G M E N T The petitioner retired from the service of the 2nd respondent on 28.02.2010. The petitioner's grievance in this writ petition is that, his retirement benefits have not been disbursed yet. The petitioner therefore seeks the following reliefs: “(i) Issue a writ of mandamus or any other appropriate writ or order or direction commanding the respondents to take urgent and necessary steps for the disbursement of the retiral benefits including pension payable to the petitioner. (ii) Issue a writ of mandamus or any other appropriate writ or order or direction commanding the respondents to pay interest at such rate as this Hon'ble court determines on the retiral benefits payable to the petitioner. “ The standing counsel for the Municipality on instructions submits that, there are two reasons for the delay in disbursal of the retirement benefits. First is that, the pension papers forwarded to the Local Fund Audit Department have been returned for rectifying the defects therein which is being sorted out and the defects would be W.P.(C)No. 766 of 2011 -2- cured and the papers would be re-forwarded shortly. The 2nd is that the Municipality is facing acute financial crisis and therefore they are unable to disburse retirement benefits of retired employees in time. I am of opinion that, both reasons are unconvincing. When an employee retires it is the duty of the Municipality to see that the pension papers are processed in accordance with law and the retirement benefits paid to the employee expeditiously. In the above circumstances, I dispose of this writ petition with a direction to the respondents including the 1st respondent to see that the retirement benefits due to the petitioner is paid to him by the 2nd respondent as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/