IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 17TH DECEMBER 2010 / 26TH AGRAHAYANA 1932 WP(C).No. 36067 of 2010(G) ---------------------------------------- PETITIONER(S): ------------------------ SUDHA. B., RETIRED JUNIOR SUPERINTENDENT MAVELIKKARA MUNICIPALITY, (CHITHIRA, MAHADEVIKAD (PO), KARTHIGAPPALLY TALUK) BY ADV. SRI.K.SASIKUMAR, SMT.T.SUDHA DEVI. RESPONDENT(S): -------------------------- 1. MAVELIKKARA MUNICIPALITY, REPRESENTED BY ITS SECRETARYT, MAVELIKARA-690 101. 2. DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM-695 001. 3. SECRETARY, ALAPUZHA MUNICIPALITY, ALAPUZHA-688 001. 4. SECRETARY, SOUTH PARAVOOR MUNICIPALITY KOLLAM DISTRICT-673 305. 5. SECRETARY, NORTH PARAVOOR MUNICIPALITY ERNAKULAM DISTRICT-682 573. R2 BY GOVT. PLEADER MR.ANTONY MUKKATH. R1 BY ADV. MR.K. HARILAL, SC. R3 BY ADV. SRI.M.K.CHANDRAMOHAN DAS, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 36067 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of December, 2010 J U D G M E N T The petitioner retired from the service of the Mavelikara Municipality as a Junior Superintendent on 31.03.2010. The petitioner has not been paid monthly pension and other retirement benefits like DCRG, commuted value of pension, terminal leave surrender etc. The petitioner therefore seeks the following reliefs: “i. to issue a writ in the nature of mandamus directing 1st respondent to disburse the terminal benefits due to the petitioner like monthly pension with arrears, Death Cum Retirement Gratuity, Commuted Value of Pension, remaining amount of terminal leave surrender benefits etc., immediately; ii. to issue a writ in the nature of mandamus directing 1st respondent to pay interest at the market rate to the petitioner for the delay caused in payment of the terminal benefits; iii. to issue a writ in the nature of mandamus directing respondents 3 to 5 to pay the D.A. arrears due to the petitioner immediately; iv. to issue a writ in the nature of mandamus directing respondents 3 to 5 to pay interest on the DA arrears to the petitioner; W.P.(C)No. 36067 of 2010 -2- 2. The counsel for the 1st respondent submits that, the retirement benefits could not be paid only because of the financial difficulties faced by the Municipality. I do not think that, that is a sufficient reason for not disbursing retirement benefits to the retired employees of the Municipality. Therefore, the writ petition is disposed of with a direction to the respondents to see that, the retirement benefits of the petitioner is disbursed to the petitioner within three months from the date of receipt of a copy of this judgment. S. SIRI JAGAN JUDGE shg/