IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(C).No. 32629 of 2009(W) -------------------------- PETITIONER(S): --------------- 1. S.B.PURUSHOTHAMAN, THAKIDIVELIYIL HOUSE, NEAR N.E.S.BLOCK, KALAVOOR P.O., ALAPPUZHA DISTRICT. 2. S.JAMALUDEEN, KANDATHIL HOUSE, POONTHOPPU WARD, NEAR MANNATHU SCHOOL, AVALUKUNNU P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.K.K.SATHEESH RESPONDENT(S): --------------- CHENGANNUR MUNICIPALITY, REPRESENTED BY THE MUNICIPAL SECRETARY, CHENGANNUR. ADV. SRI.S.HARIKRISHNAN FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.32629/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF PROCEEDINGS NO.G1-1416/07 DATED 21/03/2007 IN RESPECT OF THE 1ST PETITIONER. P2 : COPY OF PROCEEDINGS NO.G1-1417/2007 DATED 21/03/2007 IN RESPECT OF 2ND PETITIONER. P3 : COPY OF ORDER ISSUED BY THE LOCAL SELF ADMN. (E.U.) DEPT. DATED 07/06/2007. P4 : COPY OF OPTION SUBMITTED BY THE 2ND PETITIONER DATED 03/10/2007. P5 : COPY OF G.O.NO.88/2008 DATED 19/03/2008 ISSUED BY THE LOCAL SELF ADMN (E.U.)DEPT. P6 : COPY OF REPRESENTATION SUBMITTED BY THE 1ST PETITIONER DATED 22/07/2008. P7 : COPY OF REPRESENTATION SUBMITTED BY THE 2ND PETITIONER DATED 06/08/2008. P8 : COPY OF JUDGMENT DATED 02/01/2009 PASSED BY THIS HONOURABLE COURT IN WP(C) NO.208/09. P9 : COPY OF REPRESENTATION DATED 17/07/2009 SUBMITTED BY THE PETITIONER. P10 : COPY OF LETTER NO.G1-4252/2009 DATED 04/08/2009 ISSUED BY THE RESPONDENT TO THE PETITIONER. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.32629 of 2009 (W) --------------------------------- Dated, this the 27th day of July, 2010 J U D G M E N T The petitioners are retired employees of Chengannur Municipality. Arrears of revised pensionary benefits have not been paid to them. It is complaining of non-payment of the revised pensionary benefits that this writ petition has been filed. 2. Referring to Ext.P10 communication issued by the Municipality as early as on 04/08/2009, the petitioners contend that the Municipality has admitted its liability and has agreed to make payment. 3. Learned Standing Counsel for the Municipality was heard. Except financial constraints, no other justification is forthcoming and it is stated that the amount found due in Ext.P10 will be disbursed to the petitioners within four months from today. This submission is recorded. Having regard to the poor financial condition of the Municipality, the writ petition is disposed of directing that the WP(C) No.32629/2009 -2- amount due to the petitioners as found in Ext.P10 be disbursed to them within four months from today. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg