IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH FEBRUARY 2011 / 20TH MAGHA 1932 WP(C).No. 3112 of 2011(L) ------------------------- PETITIONER(S): --------------- P.SREENIVASAN ,S/O.IMPICHI KANDAN, GOURI SADANAM, VENMANY PO,CHENGANNUR, RETD.AS LIBRARIAN GRADE I, ALAPPUZHA MUNICIPALITY. BY ADV. SMT.C.K.SHERIN RESPONDENT(S): --------------- 1. THE DIRECTOR OF URBAN AFFAIRS,TRIVANDRUM 695 001. 2. THE ALAPPUZHA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, ALAPPUZHA 688 001. 3. STATE OF KERALA, REP BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. ADV. SRI.M.K.CHANDRAMOHAN DAS, SC, M.C.,ALP FOR R-2 GOVT. PLEADER SHRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 3112 of 2011 ================== Dated this the 9th day of February, 2011 J U D G M E N T The petitioner is a retired employee of the 2nd respondent Municipality. The petitioner's grievance in this writ petition is that although the petitioner had retired from service on 31.3.2010, arrears of dearness allowance and terminal leave surrender salary have not been paid to the petitioner yet. The petitioner, therefore, seeks the following reliefs: “a) call for the records connected with the case; b) issue a writ of mandamus or any other appropriate writ or order or direction, directing the respondents to pay the arrears of Dearness Allowance along with interest as per Ext.P1 Order and arrears of terminal surrender for 271 days without any further delay; c) direct the 2nd respondent to consider and pass orders on Ext.P2 representation within one month. d) declare that the petitioner is entitled to get arrears of Dearness Allowance along with interest as per Ext.P1 Order and arrears of terminal surrender for 271 days terminal surrender and dearness allowance expeditiously.” 2. The learned standing counsel for the Municipality, on instructions, submits that the amounts could not be paid only because of financial stringency faced by the Municipality. He further submits that the Municipality would require at least six months' time to pay the amount. 3. I do not think that the Municipality can ask the petitioner to w.p.c.3112/11 2 wait for the amounts legally due to him on the ground of financial stringency. However, taking a lenient view, I dispose of this writ petition with a direction to the 2nd respondent to disburse the amounts due to the petitioner, as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge