IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 WP(C).No. 21478 of 2009(D) ------------------------------------- PETITIONER(S): ------------------------- P.C. JANARDHANAN, RETIRED SANITATION WORKER, CHENGANNUR MUNICIPALITY, RESIDING AT THOPPI VADAKKETHIL, ERAMATHOOR P.O., MANNAR. BY ADV. MR.S.RAMESH BABU RESPONDENT(S): -------------------------- 1. CHENGANNUR MUNICIPALITY, REP. BY ITS SECRETARY, MUNICIPAL OFFICE, CHENGANNUR. 2. THE SECRETARY, CHENGANNUR MUNICIPALITY, MUNICIPAL OFFICE, CHENGANNUR. R1 – R2 BYADV. MR.S.HARIKRISHNAN, SC, MC, CHENGANNUR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.21478/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO.G1-2596/09 DTD. 18.5.09. TRUE COPY P.A. TO JUDGE tss P.N.RAVINDRAN, J. --------------------------------------------- W.P.(C)No.21478 of 2009 --------------------------------------------- Dated 6th August, 2009 JUDGMENT Heard the learned counsel appearing on both sides. 2. The petitioner is a pensioner. He retired from service on 31.10.2008 while he was working as Sanitation Worker in Chengannur Municipality. The grievance voiced by the petitioner in this writ petition is that though terminal benefits were sanctioned by Ext.P1 order dated 18.5.2009, till date, the respondents have not disbursed any part thereof. The learned counsel appearing for the petitioner submits that after this writ petition was filed monthly pension for the month of July, 2009 alone was disbursed. 3. When this writ petition came up for hearing today, the learned standing counsel appearing for the respondents submitted that the Municipality will pay the arrears of pensionary benefits within four months from today. In my opinion, the stand taken by the respondents cannot be countenanced. The petitioner was a Sanitation Worker and a low paid employee. He WP(C).No.21478/2009 2 retired from service on 31.10.2008. No amount is admittedly due from him to the Municipality. The Municipal Secretary has by Ext.P1 order passed on 18.5.2009 sanctioned payment of terminal benefits consisting of the sum of Rs.1,89,530/= towards commuted value of pension and Rs.1,75,146/= towards DCRG. As matters now stand, the petitioner has not been paid even the basic pension sanctioned as per Ext.P1. In such circumstances, I dispose of this writ petition with a direction to the respondents to disburse to the petitioner the sum of Rs.1,00,000/= on or before 27.8.2009. Payment of the balance terminal benefits sanctioned as per Ext.P1 shall be made within another two months thereafter. I also direct that if payment as directed above is not made, the respondents will be liable to pay to the petitioner, interest on the amount in default at the rate of 7.5% per annum from the respective due dates. 4. The learned counsel appearing for the petitioner submits that the petitioner has not been given the benefit of pay revision which took effect on 1.7.2007. He also submits that as a result thereof the pensionary benefits will have to be revised. As regards these matters, the petitioner may submit an appropriate WP(C).No.21478/2009 3 representation before the Secretary, Chengannur Municipality who shall examine the same and pass necessary orders giving effect to the pay revision if any. Arrears if any consequent on the pay revision including arrears of pensionary benefits shall be disbursed within six months from today. P.N.RAVINDRAN Judge TKS