IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WP(C).No. 32996 of 2007(C) ---------------------------------------- PETITIONER: ---------------------- SMT. P.NIRMALA, RETD. SUPERINTENDENT, THALASSERY MUNICIPALITY, RESIDING AT VISAWA BHAVAN, KIZHAKKENADA, CHENGANNUR P.O., ALAPPUZHA DISTRICT. BY ADV. SRI.S.SUDHEESHKAR RESPONDENTS: ------------------------- 1. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF LOCAL FUND AUDITS, THIRUVANANTHAPURAM. 3. THE SECRETARY, THALASSERY MUNICIPALITY, THALASSERY, KANNUR DISTRICT. 4. THE SECRETARY, CHENGANNUR MUNICIPALITY, CHENGANNUR, ALAPPUZHA DISTRICT. R3 BY ADV. SRI.I.V.PRAMOD R4 BY SRI.S.HARIKRISHNAN, SC BY SR.GOVERNMENT PLEADER SRI. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.32996/2007 C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.P9/635/07 DTD. 7/08/2007 ISSUED BY THE 1ST RESPONDENT. EXT.P2: COPY OF THE ORDER NO.P.F4-1508/2005 DTD. 3/10/2006. EXT.P3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DTD. 28/10/2007. 4TH RESPONDENT'S ANNEXURE: ANNEXURE R4(A): COPY OF THE CHART EVIDENCING DIFFERENT TERMINAL BENEFITS DUE TO DIFFERENT RETIREES. /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ------------------------- W.P.(C).No.32996 of 2007 C ------------------------- Dated this the 15th day of January, 2008. JUDGMENT The petitioner retired from service as Municipal Superintendent in October, 2005. By Ext.P1, the Director of Municipalities sanctioned the retirement benefits due to the petitioner. There is a further direction that the amount shall be paid by the 4th respondent Municipality. His grievance is that the amounts is yet to be paid by the 4th respondent. 2. I heard learned counsel for the 4th respondent also. 3. It is admitted that Ext.P1 order is still in force. Therefore, the pension, Death cum Retirement Gratuity and the commuted value of pension sanctioned under Ext.P1 has to be disbursed by the 4th respondent. Learned counsel for the petitioner has a case that there is a deficit in the credits made in the provident fund account relating to the petitioner. This aspect W.P.(C).NO.32996/07 :: 2 :: has been brought to the notice of the 1st respondent. In the circumstances, the writ petition is disposed of in the following terms: (a) The 4th respondent shall disburse to the petitioner the pension, Death cum Retirement Gratuity and commuted value of pension sanctioned under Ext.P1 within two months from the date of receipt of a copy of this judgment. (b) The 1st respondent shall consider Ext.P3 and take appropriate action thereon within three months from the date of receipt of a copy of this judgment. Sd/- (V.GIRI) JUDGE sk/ //true copy//