IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 WP(C).No. 29027 of 2008(E) ---------------------------------------- PETITIONER(S): ------------------------ P.K. JAYADEVI, KARTHIKA, MUTTAM.P.O, HARIPAD (RETIRED HEALTH INSPECTOR, VARKALA MUNICIPALITY) BY ADV. SRI.K.SASIKUMAR RESPONDENT(S): ---------------------------- 1. SECRETARY, MAVELIKKARA MUNICIPALITY, MAVELIKKARA. 2. DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. ADV. SRI. K.HARILAL, SC FOR R1 GOVERNMENT PLEADER SMT. ANU SIVARAMAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.29027/2008 E APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DTD. 19/12/07 ISSUED BY THE 2ND RESPONDENT. EXT.P2: COPY OF THE REPRESENTATION DTD. 21/07/08 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P3: REPRESENTATION DTD. 21/07/08 FORWARDED BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBIT: EXT.R2(A): COPY OF ORDER NO.P5/1663/07 DTD. 20/11/08. /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ----------------------------------------------- W.P. (C) No.29027 OF 2008 ----------------------------------------------- Dated this the 9th day of December, 2008 JUDGMENT Heard both sides. 2. The petitioner is a pensioner. He retired from service on 28.2.2007. By Ext.P1 order dated 19.12.2007, the second respondent fixed the terminal benefits payable to the petitioner and directed the Secretary, Tripunithura Municipality to pay the terminal benefits. This Writ Petition is filed aggrieved by the delay in payment of the terminal benefits. 3. When the Writ Petition came up for hearing on 7.11.2008, it was noticed that the direction issued in Ext.P1 to the Secretary, Tripunithura Municipality is erroneous. Accordingly, this court directed the Director of Urban Affairs to rectify the mistake in Ext.P1. The Director of Urban Affairs has accordingly passed Ext.R2(a) order dated 20.11.2008 amending Ext.P1 and directing the Secretary, Mavelikkara Municipality to pay the terminal benefits. 4. When this Writ Petition came up for hearing today, WP(C)NO.29027/08 2 Sri.K.Harilal, the learned Standing Counsel appearing for the Mavelikkara Municipality submitted that, after the Writ Petition was filed, the commuted value of pension was paid and Death Cum Retirement Gratuity sanctioned to the petitioner by Ext.P1 will be disbursed to him expeditiously. The learned counsel submits that, payment was not made earlier for want of funds at the disposal of the Municipality. 5. In the light of the submissions made at the Bar by the learned Standing counsel appearing for the Mavelikkara Municipality , I dispose of the Writ Petition with a direction to the Secretary, Mavelikara Municipality to disburse the Death Cum Retirement Gratuity sanctioned to the petitioner in Ext.P1 within two months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. (P.N.RAVINDRAN,JUDGE) sks/- WP(C)NO.29027/08 3 S.SIRI JAGAN, J. OP No. WP(C)NO.29027/08 4 JUDGMENT 1st December, 2008