IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 23767 of 2008(D) --------------------------------------- PETITIONER(S): ------------------------ P.P.RAVI, AGED 55 YEARS,(RETD REVENUE INSPECTOR, CHENGANNUR MUNICIPALITY) S/O.P.S.PADMANABHAN, PUNNOOR HOUSE, MALAKKARA.P.O, CHANGANNUR (VIA), ALLEPPEY DIST. (RETD REENUE INSPECTOR, CHENGANNUR MUNICIPALITY) BY ADV. SRI.R.SANTHOSH BABU RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MUNICIPALITIES, MUNCIPAL DIRECTORATE, THIRUVANANTHAPURAM. 3. THE SECRETARY, CHENGANNUR MUNICIPALITY, CHENGANNUR. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN ADV. SRI.S.HARIKRISHNAN, SC, MC, CHENGANNUR FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO: 23767 of 2008 ----------------------------- Dated this 15th day of October, 2008 J U D G M E N T The petitioner retired from service on 30-09-2007 from the Chengannur Municipality on attaining the age of superannuation. The terminal benefits payable to him were sanctioned by the Director of Urban Affairs by Ext.P2 order dated 18-02-2008. By the said order, the Director of Urban Affairs directed the Secretary of the Chengannur Municipality to pay the sum of Rs.4,40,314/- towards arrears of pension from 1-10-2007 to 31-3-2008, DCRG and commuted value of pension and to adjust it against the amounts payable by the Chengannur Municipality to the Central Pension Fund. In this writ petition the petitioner complains that notwithstanding Ext.P2 order, he has not been paid the benefits sanctioned thereunder. The petitioner has in this writ petition prayed for the following reliefs:- (i) To issue a writ of Mandamus commanding the Respondents to disburse the entire pensionary benefits, including D.C.R.G. pension, commutation and monthly pension arrears for the period from 1-10-07 to 30-3-08 with 18% interest forthwith. (ii) To issue a writ of Mandamus directing the Respondents to disburse the P.F.Amount and the D.A.Arrears without any delay, along with statutory interest till date of payment. 2. A statement has been filed on behalf of the third respondent wherein it is stated that the pensionary benefits sanctioned to the petitioner as per Ext.P2 were not disbursed for want of funds at its disposal. It is stated that unless the second respondent allocates and makes available the requisite funds, the Municipality would not be in a position to disburse the terminal benefits sanctioned to the petitioner. As regards the claim of the petitioner for disbursement of the amounts standing to his credit in the General Provident Fund Account, the third respondent states that the second respondent is the authority competent to draw and disburse the amounts standing to his credit in the General Provident Fund account. As regards arrears of Dearness Allowance, the stand taken by the third respondent is that it is for the second respondent to make available the requisite funds for payment of the arrears of Dearness Allowance. It is further stated that a sum of Rs.10,363/- is due from the petitioner to the Municipality and that the third respondent is entitled to adjust the said sum from the terminal benefits payable to him. 3. I have heard Sri.R.Santhosh Babu, the learned counsel appearing for the petitioner, Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents and Sri.S.Harikrishnan, the learned standing counsel appearing for the third respondent. Ext.P2 order directs the Secretary of the Chengannur Municipality to pay the terminal benefits sanctioned thereunder to the petitioner and adjust the amounts thus paid against the amount payable by the Municipality to the Central Pension Fund. The direction issued by the Director of Urban Affairs binding on the third respondent. It is also not in dispute that the third respondent is liable to pay the sum of Rs.29,00,777/- to the Central Pension Fund. In this state of affairs the third respondent is not entitled to plead want of funds at its disposal and withhold payment of retirement benefits sanctioned to the petitioner as per Ext.P2. I therefore, dispose of the writ petition with the following directions:- The Secretary, Chengannur Municipality shall within six weeks from the date of receipt of a certified copy of this judgment, disburse the terminal benefits sanctioned to the petitioner as per Ext.P2 order. The second respondent shall take steps to close the Provident Fund Account standing in the name of the petitioner within three months from the date on which the petitioner moves him in that regard. The second respondent shall within the said period also consider the claim of the petitioner for payment of arrears of Dearness Allowance and issue necessary directions to the third respondent regarding payment thereof and also allot the requisite funds. P.N.RAVINDRAN, JUDGE bps P.N..RAVINDRAN, J ----------------------------- I.A. NO:11489 IN W.P.(C) NO: 23767 of 2008 ----------------------------- Dated this 15th day of October, 2008 ORDER Heard. This is a petition to correct the designation and address of the second respondent as “Director of Urban Affairs”, Directorate of Urban Affairs, Thiruvananthapuram. Allowed as prayed for. Registry to carry out necessary amendments to the cause title. P.N. RAVINDRAN, JUDGE bps