IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 4TH JULY 2008 / 13TH ASHADHA 1930 WP(C).No. 14204 of 2008(N) -------------------------------------- PETITIONER : ------------------ K.P.JAYA PRAKASH, KALLELIL, KIZHAKKENADA, CHENGANNUR,(RETIRED SUPERINTENDENT, CHENGANNUR MUNICIPALITY,CHENGANNUR). BY ADV. SRI.K.SASIKUMAR RESPONDENTS : ---------------------- 1. CHENGANNUR MUNICIPALITY,CHENGANNUR , REPRESENTED BY ITS SECRETARY. 2. DIRECTOR OF MUNICIPALITIES, THIRUVANANTHAPURAM. BY ADV. SRI.S.HARIKRISHNAN, SC, MC, CHENGANNUR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14204 of 2008(N) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- A TRUE COPY OF THE PROCEEDINGS OF THE 1ST RESPONDENT IN THE ORDER DATED 02.07.2007 EXT.P2:- A TRUE COPY OF THE ORDER DATED 06.12.2007 PASSED BY THE 2ND RESPONDENT EXT.P3:- A TRUE COPY OF THE REPRESENTATION DATED 31.12.2007 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXT.P4:- A TRUE COPY OF THE REPRESENTATION DATED 29.02.2008 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT EXT.P5:- A TRUE COPY OF THE LETTER DATED 04.06.2007 FORWARDED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT EXT.P6:- A TRUE COPY OF THE GO(P) NO.236/2007/FIN. DATED 12.06.2007 EXT.P7:- A TRUE COPY OF THE LETTER DATED 01.04.2008 CONTAINING DETAILED CALCULATION SHEET IN RESPECT OF THE PETITIONER'S REVISED PENSION AND GRATUITY EXT.P8:- A TRUE COPY OF THE REPRESENTATION DATED 14.02.2008 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT -TRUE COPY- P.A. TO JUDGE pac V.GIRI,J. ------------------------- W.P ( C) No. 14204 of 2008 -------------------------- Dated this the 4th July, 2008 J U D G M E N T Petitioner retired from the Chengannur Municipality as Superintendent on 30.6.2007. By Exhibit-P1, terminal leave surrender benefits were sanctioned to the petitioner. By Exhibit-P2, DCRG and Commuted Value of Pension were sanctioned. Petitioner is aggrieved by notwithstanding the order of sanction except the pension, other amounts are yet to be received. 2. First respondent has filed a statement. It is clear that no liability as such is fixed against the petitioner. The stand taken by the Municipality is that amounts are due to the Municipality from the State and that has not been disbursed in full. In the meanwhile, in Exhibit -P2, the Director has directed the Municipality to pay the amounts due to the petitioner from the amounts due from the Municipality to the State by way of contribution to the Central Pension Fund. This W.P ( C) No. 14204 of 2008 2 according to the learned counsel for the Municipality is unjustified. 3. I heard learned counsel for the petitioner and learned Government Pleader and learned standing counsel for the 1st respondent Municipality. 4. Exhibit-P2 order passed by the Director is categoric and as long as it remains, it is binding on the Municipality as well. In the circumstances, the Municipality is bound to disburse the DCRG and Commuted Value of Pension due to the petitioner in terms of Exhibit-P2. Petitioner has a claim for revision of retirement benefits and the same is pending orders as Exhibit-P7 before the Director. The Director will have to take a decision on this aspect. 5. In the result, the writ petition is disposed of in the following terms: i) First respondent shall disburse to the petitioner the amount sanctioned under Exhibit-P2 within a period of two months from the date of receipt of a copy of this judgment. W.P ( C) No. 14204 of 2008 3 ii) First respondent shall also pay the salary arrears due to the petitioner on the basis of Exhibit-P6 within the aforementioned time frame. iii) Second respondent shall pass orders on Exhibit- P7 within a period of three months from the date of receipt of a copy of this judgment. Thereupon, appropriate steps shall be taken by the 1st respondent in consonance with the same. iv) Arrears of pension due to the petitioner for the period from 1.7.2007 till 3.6.2007 shall also be paid by the 1st respondent, within a period of two months from the date of receipt of a copy of this judgment. (V.GIRI, JUDGE) ma W.P ( C) No. 14204 of 2008 4 W.P ( C) No. 14204 of 2008 5