IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 WP(C).No. 29307 of 2010(K) ------------------------- PETITIONER : ------------------ N.RAMACHANDRAN, PEON (RETIRED), COCHIN CORPORATION, S/O NARAYANAN, 'GAYATHRI', PARAKKAT TEMPLE CROSS ROAD, CHEMBUMUKKU, THRIKKAKARA, ERNAKULAM DISTRICT. BY ADVS. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DEPARTMENT OF URBAN AFFAIRS, SECRETARIATE, THIRUVANANTHAPURAM. 3. THE CORPORATION OF COCHIN, REPRESENTED BY SECRETARY, ERNAKULAM DISTRICT. R1 & R2 BY GOVT PLEADER SRI. ANTONY MUKKATH R3 BY ADV. SMT.M.K.PUSHPALATHA,SC,COCHIN CORPORATION THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 29307 of 2010(K) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ADVICE OF P.S.C. FOR APPOINTMENT OF THE PETITIONER AS PEON. EXT.P2 : COPY OF THE REPRESENTATION MADE BY THE PETITIONER BEFORE THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION DATED 30-4-1997. EXT.P3 : COPY OF THE REPLY ISSUED BY THE P.S.C. TO THE PETITIONER. EXT.P4 : COPY OF THE CIRCULAR NO. 109117/SD4/82/GAD DATED 12.11.1982. EXT.P5 : COPY OF THE APPOINTMENT ORDER DATED 18-8-1997 ISSUED BY THE SECRETARY OF COCHIN CORPORATION. EXT.P6 : COPY OF THE ORDER DATED 28-3-2008 OF THE DIRECTOR, URBAN AFFAIRS. EXT.P7 : COPY OF THE REPRESENTATION DATED 23-12-2009 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn S.SIRI JAGAN, J. --------------------------------------------- W.P.(C) NO. 29307 OF 2010 -------------------------------------------- Dated this the 21st day of October, 2010. JUDGMENT The petitioner has retired from the service of the Corporation of Cochin on 31.5.2006. Petitioner's grievance in this writ petition is that the retirement benefits due to the petitioner is not being disbursed on the ground that petitioner had filed Ext.P7 representation before the Government of Kerala for revision of his pension. Petitioner therefore seeks the following reliefs:- “i) issue a writ of mandamus or other writ, order or direction, directing the 3rd respondent to disburse the amount sanctioned by Ext.P6 i.e DCRG and arrears of pension forthwith; ii) to command the respondents to reckon the period from 4.2.1997 to 6.8.1997 also i.e. the period from the date of effective advice to the total qualifying service for the calculation of pension; iii)to declare that the petitioner is entitled to get minimum pension reckoning the service from 4.2.1997; iv)to command the 1st respondent to consider and pass orders on Ext.P7, within two weeks;” 2. I have heard the standing counsel for the Corporation also. The standing counsel does not dispute the fact that retirement benefits due to the petitioner have not been disbursed yet. According to the standing counsel some confusion arose W.P.(C) NO. 29307 OF 2010 2 because of Ext.P7 representation and that is why the retirement benefits due to the petitioner have not been disbursed. I do not think that because of Ext.P7 representation there should be any confusion for disbursing retirement benefits due to the petitioner. Accordingly this writ petition is disposed of with the following directions:- Retirement benefits due to the petitioner shall be disbursed within two weeks from the date of receipt of a copy of this judgment. The first respondent shall consider and pass orders on Ext.P7 as expeditiously as possible, at any rate, within a period of 3 months from the date of receipt of copy of this judgment after affording an opportunity of being heard to the petitioner. If the claim of the petitioner in Ext.P7 is allowed, the retirement benefits shall be revised and arrears paid at that time, for which the payment of retirement benefits allowable as of now need not be postponed. S.SIRI JAGAN, JUDGE. mns