IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 15TH SEPTEMBER 2008 / 24TH BHADRA 1930 WP(C).No. 13829 of 2006(U) -------------------------- PETITIONER: ------------ K.A. KSIRHNA PILLAI, S/O. AYYAPPAN PILLAI, AGED 61 YEARS, RESIDING AT `KRISHNJA' B-2073, SATELLITE TOWN SHIP, KAKKANADU, KOCHI-30. BY ADV. SRI.C.K.PAVITHRAN SMT.N.S.SUMI RESPONDENTS: ------------- 1. KERALA STATE CONSTUCTION CORPORATION LTD., ADMINISTRATIVE OFFICE, BANERJEE ROAD, ERNAKULAM, REPRESENTED BY ITS MANAGING DIRECTOR. 2. FINANCE MANAGER, KERALA STATE CONSTRUCTION CORPORATION LTD., ADMINISTRATIVE OFFICE, BANERJEE ROAD, ERNAKULAM. 3. SECRETARY-IN-CHARGE, KERALA STATE CONSTRUCTION CORPORATION LTD., ADMINISTRATIVE OFFICE, BANERJEE ROAD, ERNAKULAM. BY ADV. SRI.M.V.THAMBAN, SC., KSCC LTD. FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.13829 of 2006 PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE REPRESENTATION DATED 24.10.2005 SENT TO THE HON'BLE MINISTER. EXT.P2 TRUE COPY OF THE JUDGMENT DATED 13.1.2005 IN W.P.(C) No. 26756 of 2004 OF THIS HON'BLE COURT. EXT.P3 TRUE COPY OF THE JUDGMENT DATED 25.11.2005 IN W.A.NO.652 OF 2005 OF THIS HON'BLE COURT. RESPONDENT'S EXTS: EXT.R1(a) TRUE COPY OF G.O.(P) No.390/2004/Fin. Dated 25.8.2004. EXT.R2(b) TRUE COPY OF THE G.O.(MS) NO.63/2000/PWD dated 6.10.2000. EXT.R2(c) TRUE COPY OF THE STATEMENT SHOWING THE WAGE OF REVISION ARREARS GRATUITY, TERMINAL SURRENDER ETC. OF RETIRED EMPLOYEES. //TRUE COPY// P.A. To Judge. P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.13829 of 2006 ------------------------------- Dated this the 15th September, 2008. J U D G M E N T The petitioner retired from the service of the Kerala State Construction Corporation Ltd., (hereinafter referred to as 'Corporation' for short) as Project Engineer on 31.5.2003. Though he was paid terminal benefits, arrears of dearness allowance and arrears of pay due to revision of pay were not disbursed to him. When the said amounts were not disbursed, this writ petition was filed, seeking the following reliefs:- “(i) Issue writ or mandamus or any other appropriate writ, direction or order directing the respondents to pay the D.A. Arrears and pay revision arrears as claimed in Ext.P1 within the time prescribed by this Hon'ble Court. (ii) Direct the respondents to pay 18% interest for the delayed payment.” W.P.(C) No.13829 of 2006 2 2. The respondents have filed a counter affidavit expressing inability to pay the amounts claimed by the petitioner for the time being. They contend that though amounts are due to the petitioner towards arrears of pay and arrears of dearness allowance, the Corporation is not in a position to pay the same and that 16 persons who retired earlier than the petitioner are awaiting payment. 3. I have considered the submissions made at the Bar by Sri.C.K.Pavithran, the learned counsel appearing for the petitioner and Sri.M.V.Thamban, the learned Standing counsel appearing for the Corporation. The learned counsel for the petitioner submitted that a Division Bench of this Court has in W.A.No.652 of 2005 repelled the contention raised by the Corporation that its financial position does not permit it to pay the arrears of dearness allowance and pay revision arrears to one of its former employees. The Division Bench also held that it is not open to the Corporation which had implemented the pay W.P.(C) No.13829 of 2006 3 revision orders to plead that it does not have sufficient funds at its disposal to pay the arrears of pay, even though years have passed after the retirement of the employee. The respondents do not dispute the entitlement of the petitioner to receive pay revision arrears and arrears of dearness allowance. Their only contention is that 16 persons who retired from service earlier than the petitioner are awaiting payment. The counter affidavit in the instant case was presented on 21.7.2006. More than two years have passed thereafter. In such circumstances, I dispose of the writ petition with a direction to the respondents to disburse to the petitioner arrears of dearness allowance and arrears of pay consequent on the revision of pay, within a period of four months from today. P.N.RAVINDRAN, JUDGE nj.