IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 30178 of 2008(P) -------------------------- PETITIONER(S): --------------- N.SAROJINI, (RETIRED SWEEPER, CORPORATION OF HEALTH DEPT., KOZHIKODE) 'SAROJ', NELLIKODE, P.O.CHEVAYOOR, KOZHIKODE 673 017. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): --------------- 1. THE KOZHIKODE CORPORATION, CORPORATION BUILDINGS, KOZHIKODE REPRESENTED BY ITS SECRETARY. 2. THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. 3. THE DEPUTY EXAMINER, LOCAL FUND, KOZHIKODE CORPORATION, KOZHIKODE. ADV. SRI.K.D.BABU,SC,KOZHIKODE CORPORATION FOR R1 & 3 GOVERNMENT PLEADER SRI.P.NANDAKUMAR FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 30178/08 APPENDIX PETITIONER'S EXHIBITS:- EXT.P1:- TRUE COPY OF THE OFFICE COMMUNICATION WITH THE NO.F4/85988/06 DT. 1.8.2007 EXT.P1:- TRUE COPY OF THE SENIORITY LIST OF PAT TIME SWEEPERS DT. 16.3.1982 EXT.P1:- TRUE COPY OF THE ORDER NO.F4-11443/83 DT.5.12.1985 EXT.P1:- TRUE COPY OF THE RECEIPTS DT.31.12.2007 AND 8.2.2008 RESPONDENTS' EXHIBITS:- NIL /TRUE COPY/ P.S. TO JUDGE Okb/- P.N.Ravindran, J. ===================== W.P(C).No.30178 of 2008 ===================== Dated this the 4th day of December, 2008. JUDGMENT Heard Sri.Salil Narayanan K.A., the learned counsel appearing for the petitioner, Sri.K.D.Babu, the learned standing counsel appearing for the first respondent and Sri.P.Nandakumar, the learned Government Pleader appearing for respondents 2 and 3. 2. The petitioner is a former employee of the Kozhikode Corporation. She retired from service on 30.6.2008 on attaining the age of superannuation. Her grievance is that though more than 5 months have passed after she retired from service, the terminal benefits have not been fixed or disbursed. She has a further grievance that the amounts stand to her credit in the provident fund account have also not been disbursed. 3. The Secretary, Kozhikode Corporation has sworn to a counter affidavit dated 1.11.2008. It is stated that the sum of Rs.11,641/- was paid as excess salary to the petitioner and that she is liable to refund the said sum to the Corporation. It is also stated that the pensionary benefits of the petitioner will be settled without delay. The Secretary of the Corporation has also stated that the application submitted by the petitioner for closure of the provident fund account together with a statement of accounts was forwarded to the Director of Urban Affairs WP(C) 30178/08 -: 2 :- along with letter dated 29.8.2008 and that as and when orders are passed by the Director, the amounts standing to the petitioner's credit in the provident fund account will be drawn and disbursed to her. 4. When the writ petition came up for hearing today, Sri.K.D.Babu, the learned standing counsel for the first respondent Corporation submitted that the Corporation has fixed the terminal benefits payable to the petitioner and that after adjusting the sum of Rs.11,641/-, the amounts payable to the petitioner will be disbursed on the date on which the petitioner reports in the office of the Corporation. The learned standing counsel also submits that till date orders have not been passed by the Director of Urban Affairs on the application submitted by the petitioner for closure of the provident fund account. The learned Government Pleader appearing for respondents 2 and 3 submits that if as stated by the Corporation, the application submitted by the petitioner for closure of the provident fund account has been received by the Director of Urban Affairs, the said authority shall within two months from today consider the same, pass orders thereon and communicate a copy thereof to the Corporation. 5. Having regard to the submissions made at the Bar by the learned counsel appearing on either side, I dispose of the Writ Petition with the following directions: (i) The first respondent shall disburse to the petitioner the terminal benefits sanctioned to her after adjusting the sum of Rs.11,641/- on the WP(C) 30178/08 -: 3 :- date on which she produces a certified copy of this judgment before the Secretary of the Kozhikode Corporation. (ii) The Director of Urban Affairs shall within two months from the date of receipt of a copy of this judgment pass orders on the application submitted by the petitioner for closure of the provident fund account and communicate a copy thereof to the Secretary of the Kozhikode Corporation. (iii) The Secretary of the Kozhikode Corporation shall within one month from the date of receipt of the order passed by the Director of Urban Affairs pay over to the petitioner the amounts standing to her credit in the provident fund account together with interest at the applicable rates. P.N.Ravindran, Judge. ess 5/12