IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 29TH SEPTEMBER 2011 / 7TH ASWINA 1933 WP(C).No. 20598 of 2011(Y) -------------------------- PETITIONER(S): --------------------- 1. P.C.CHACHI, AGED 79 YEARS, W/O.P.T.MATHAI, (RETD, LD CLERK, ALAPPUZHA MUNICIPALITY), PEEDIKAL PARAMBU, MO WARD, ALAPPUZHA. 2. P.C.CHACHI, LEGAL HEIR OF P.T.MATHAI, (FAMILY PENSION), PEEDIKAL PARAMBU, MO WARD, ALAPPUZHA.(RETD.ASST.ENGINEER, ALAPPUZHA MUNICIPALITY). 3. ZARAMMA MICHLE, (NOMINEE), W/O.LATE T.M.MICHLE, (FAMILY PENSION), THAIPARAMBIL, THUMPOLY, ALAPPUZHA-688 008. (RETD. REVENUE INSPECTOR, ALAPPUZHA MUNICIPALITY) 4. HAMZATH, (NOMINEE - FAMILY PENSION), W/O.LATE ABDUL RAHMANKUTTY, AMINA MANZIL, ALISSERY WARD, ALAPPUZHA. (RETD. UD CLERK, ALAPPUZHA MUNICIPALITY) 5. A.MANIYAN, AGED 64, S/O.ARJUNAN, KARTHIKA, KANNAMKULANGARA, SANATHANAPURAM.P.O., ALAPPUZHA. (RETD.SANITATION WORKER, ALAPPUZHA MUNICIPALITY) BY ADV. SMT.C.K.SHERIN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 695 001. 2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION THIRUVANANTHAPURAM. 695 001. 3. THE ALAPPUZHA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, ALAPPUZHA MUNICIPALITY. 688 001. R3 BY ADV. SRI.M.K.CHANDRAMOHAN DAS, SC, M.C.,ALP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 20598 of 2011(Y) ------------------------------------- APPENDIX -------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1.COPY OF ORDER NO.GO (P) 120/2007/FIN DT. 20.3.2007 OF THE GOVT. OF KERALA. EXT.P2. COPY OF RELEVANT PAGE GO (P) N0.211/2009/ FIN DT. 2.6.09 OF THE GOVT. OF KERALA. EXT.P3. COPY OF MEMORANDUM DT. 12.6.2008 SUBMITTED BY THE PETITIONERS BEFORE THE MUNICIPAL COUNCIL, ALAPPUZHA. EXT.P4. COPY OF JUDGEMENT DT. 24.5.2010 IN WPC NO.19189/2009 AND CONNECTED CASES BEFORE THE HON'BLE HIGH COURTOF KERALA, ERNAKULAM. RESPONDENT'S EXHIBITS : NIL -------------------------------------- / TRUE COPY / P.A.TO JUDGE VK K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO:20598 of 2011 ----------------------------------------------------------- Dated this the 29th September, 2011. JUDGMENT The petitioners are persons who have retired from the service of the third respondent as Lower Division Clerk, Upper Division Clerk, Assistant Engineer, Revenue Inspector, Sanitation Worker etc. They complain that they are not being paid their dearness allowance. According to the petitioners, arrears are due to them from January 2006 onwards. The petitioners are all aged and suffering from various ailments. They have to incur substantial expenditure for medicines and treatment. Therefore, according to them, the delay in payment of dearness allowance is causing untold hardships and misery to them. 2. The learned counsel for the petitioners places reliance on Ext.P4 judgment of this Court wherein, while considering the case of similarly situated persons, this Court has directed in paragraph-3 thereof that the arrears of dearness allowance shall be paid as expeditiously as WPC No.20598/2011 2 possible and at any rate within a period of two months from the date of receipt of a copy of the said judgment. The petitioners seek a similar direction in this writ petition also. 3. The learned Government Pleader as well as Sri.M.K.Chandramohan Das, the learned counsel for the third respondent opposes the plea. According to the counsel for the third respondent, the third respondent Municipality is facing financial problems and that is the reason for the delay in disbursing the dearness allowance. According to the counsel, the arrears would be paid within a period of six months. 4. Since this Court has already directed payment of the arrears of dearness allowance within a period of two months from the date of Ext.P4, I do not find any reason to deny the said relief to the petitioners in this case. In fact, in the light of Ext.P4 judgment, the third respondent ought to have paid the arrears of dearness allowance of the petitioners also, without waiting for any directions from this Court. 5. In the above circumstances, this writ petition is disposed of directing the third respondent to pay to the WPC No.20598/2011 3 petitioners, the arrears of dearness allowance due to them, as expeditiously as possible and at any rate within a period of two months of production of a copy of this judgment. Though the petitioners have claimed a further direction for implementation of the one rank one pension benefit, since a direction has already been issued in Ext.P4 judgment to implement the same within a period of six months therefrom, I need only clarify that the petitioners in this writ petition would also be entitled to the said benefit. Sd/-K. SURENDRA MOHAN Judge css/ true copy P.S.TO JUDGE