IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 23065 of 2008(U) ------------------------------------- PETITIONER(S): ------------------------ 1. ANNIE MANI, NATTASSERIYIDATHIL, RUBBER BOARD.P.O, KOTTAYAM (REVENUE RETD. OFFICER, KOTTAYAM MUNICIPALITY) 2. P.C. CHELLAMMA, W/O.T.M. RAJAN, CHOORAKATTU HOUSE, S.H. MOUNT.P.O, KOTTAYAM (UDC CLERK, KOTTAYAM MUNICIPALITY) 3. LEELAMMA ABRAHAM, W/O.T.M. CHACKO, THYCHERI HOUSE, KILIROOR NORTH, P.O. KOTTAYAM (PA TO SECRETARY, KOTTAYAM MUNICIPALITY) BY ADV. SRI.SURIN GEORGE IPE SRI.SIBY MATHEW RESPONDENT(S): ------------------------- 1. THE DIRECTOR, URBAN AFFAIRS DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. KOTTAYAM MUNICIPALITY, KOTTAYAM - 686 001, REPRESENTED BY ITS SECRETARY. ADV. SRI.SIBY MATHEW FOR R2 SRI.PHILIP J.VETTICKATTU FOR R2 BY GOVERNMENT PLEADER SRI.P.N.SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ===================== W.P(C).No.23065 of 2008 ===================== Dated this the 31st day of October, 2008. JUDGMENT The petitioners are pensioners. They retired from service on 30.6.2007, 30.9.2007 and 30.9.2004 respectively while they were serving in the Kottayam Municipality. By Exts.P1, P2 and P3, the Director of Urban Affairs sanctioned the terminal benefits payable to the petitioners and directed the Secretary of the Kottayam Municipality to pay the terminal benefits to the petitioners. The grievance voiced by the petitioners is that notwithstanding the said direction, the Kottayam Municipality has not so far disbursed to them the pensionary benefits sanctioned as per Exts.P1 to P3. 2. When the Writ Petition came up for hearing on 3.9.2008 this Court had passed an interim order on I.A.No.11587 of 2008 directing the Kottayam Municipality to pay to the petitioners, the sum of Rs.1 lakh each towards part payment of the death cum retirement gratuity sanctioned to them. The said order was passed in the light of the fact that the Director of Urban Affairs had made available to the Kottayam Municipality the sum of Rs.38,37,829/- towards payment of pensionary benefits for the year 2007-2008. Sri.Siby Mathew, the learned standing counsel appearing for the Kottayam Municipality submits that the said sum of Rs.38,37,829/- was not adequate to meet all the pensionary WP(C) 23065/08 -: 2 :- claims. 3. Having regard to the fact that the petitioners have already been paid a sum of Rs.1 lakh each, I dispose of the Writ Petition with a direction to the second respondent to disburse the balance terminal benefits payable to the petitioners in terms of Exts.P1 to P3 orders in two instalments. The first of such instalments shall be paid on or before 15.12.2008 and the balance amount shall be paid on or before 31.1.2009. If any one the above instalments is defaulted, the petitioners will be entitled to and the Kottayam Municipality will be bound to pay them interest on the defaulted amount at the rate of 7.5% per annum from the date of default till the date of payment. P.N.Ravindran, Judge. ess 6/11