IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 20868 of 2011(G) -------------------------- PETITIONER: --------------- V.K.GOPI,RETIRED CONTINGENT(SANITATION) WORKER,ALAPPUZHA MUNICIPALITY,ALAPPUZHA,NOW RESIDING AT VELIYIL HOUSE,AVALOOKKUNNU.P.O, SOUTH ARYAD,ALAPPUZHA. BY ADV. SRI.K.MANOJ CHANDRAN RESPONDENTS: --------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,LOCAL SELF GOVERNMENT DEPARTMENT,THIRUVANANTHAPURAM-695001. 2. THE DEPUTY DIRECTOR,LOCAL FUND AUDIT DEPARTMENT,MUNICIPAL AUDIT,ALAPPUZHA-688501. 3. THE SECRETARY,ALAPPUZHA MUNICIPALITY, ALAPPUZHA-688501. 4. ALAPPUZHA MUNICIPALITY,REPRESENTED BY ITS SECRETARY,PIN-688501. ADV. SRI.M.K.CHANDRAMOHAN DAS, SC, M.C.,ALP FOR R3 &4 SMT. SMITHA SUKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20868 of 2011(G) APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE RELIEVING LETTER DT. 19.5.2009 EXT.P2: TRUE COPY OF THE ORDER DT.29.1.2011 EXT.P3: TRUE COPY OF THE REPRESENTATION DT. 9.3.2011 RESPONDNETS' EXHIBITS: NIL TRUE COPY P.A TO JUDGE jma C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 20868 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August, 2011 J U D G M E N T The petitioner retired from the service of the 4th respondent on 31.8.2010 while working as contingent worker. This writ petition has been filed on being aggrieved by the delay in the matter of disbursement of retiral benefits. 2. A statement has been filed in this writ petition on behalf of the respondents 3 and 4. In paragraph 3 of the statement it is stated thus: “It is submitted that the petitioner has retired as Sanitary Worker from the services of the 4th respondent on 31.3.2010. And that accordingly, the 2nd respondnt issued orders specifying (i) DCRGRs.1,30,599/- (ii) Pension commutation Rs.1,13,012/- (iii) arrears of pension Rs.14,268/- (iv) DA arrears Rs.21,216/- and (v) terminal surrender Rs.12,790/-” It is thus obvious that the respondents are admitting the entitlement of the petitioner to the aforesaid amounts under the aforesaid heads. The respondents are seeking six months' time for disbursing the aforesaid retiral benefits citing the reason of financial stringency. In the matter of disbursement of retiral benefits the reason of financial stringency of the WPC.20868/2011 : 2 : employer cannot be a reason. However, taking into the fact that the respondents are not disputing the entitlement of the petitioner to the aforesaid benefits and they sought only sometime for disbursement of such admitted benefits, I am inclined to dispose of this writ petition as hereunder: The benefits to which the petitioner is entitled as has been specifically stated in paragraph 3 of the statement extracted above shall be disbursed to the petitioner expeditiously, at any rate, within a period of three months from the date of receipt of copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge