IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 WP(C).No. 26409 of 2008(R) --------------------------------------- PETITIONER: ------------------- K.SIVADAS, CHAITHANYA, B/11, VRINDAVAN HOUSING COLONY, CALICUT-17. (SENIOR TECHINICAL OFFICER (RETD), ANERT) BY ADV. MR.V.RAJENDRAN. RESPONDENTS: ------------------------ 1. AGENCY FOR NON-CONVENTIONAL ENERGY AND RURAL TECHNOLOGY (ANERT), REPRESENTED BY ITS DIRECTOR, P.O.PATTOM, THIRUVANANTHAPURAM-4. 2. THE DIRECTOR, ANERT, P.O.PATTOM, THIRUVANANTHAPURAM-4. R1 & R2 BY ADV. MR.V.G.ARUN, S.C, MR.T.R.HARIKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/02/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.Ravindran, J. ================== W.P.(C) No.26409 of 2008 ===================== Dated this the 20th day of February, 2009. JUDGMENT The petitioner is a former employee of the first respondent. He attained the age of superannuation on 31.8.2006. By virtue of an interim order passed by this Court in W.P.(C) No.22758 of 2006 he continued in service till 13.9.2007. That writ Petition was filed on the plea that he is entitled to continue in service upto the age of 60. The said Writ Petition was dismissed by Ext.P1 judgment holding that the age of retirement is 58. The petitioner accordingly ceased to be in service on 13.9.2007. 2. The respondents did not disburse to the petitioner the terminal benefits evidently for the reason that he continued in the service beyond 31.8.2006. This Writ Petition was thereupon filed seeking disbursement of the terminal benefits and also payment of the surrender value of earned leave, charge allowance, travelling allowance and dearness allowance. After this Writ Petition was filed, by virtue of the interim order passed by this Court, the terminal benefits were disbursed to the petitioner. The surrender value of earned leave and charge allowance have also been disbursed. The learned counsel for the petitioner submits that the petitioner's claim for travelling allowance and dearness allowance alone remain to be settled by the respondents. He also submits that these claims have already been raised by the petitioner in WP(C) 26409/08 -: 2 :- Ext.P3 representation filed before the second respondent. The learned counsel appearing for the petitioner submits that this Writ Petition may therefore be disposed of with a direction to the respondents to consider the request made in Ext.P3 and to take a decision thereon within a time limit to be fixed by this Court. The learned counsel for the respondents submits that the respondents will look into Ext.P3 and take a decision as regards the petitioner's claim for travelling allowance and dearness allowance within a period of two months from today. 3. In the light of the above submission, I dispose of this Writ Petition with a direction to the respondents to consider the request made by the petitioner in Ext.P3 representation and take a decision thereon, as regards the petitioner's entitlement for payment of travelling allowance and dearness allowance. Final orders on Ext.P3 shall be passed within a period of two months from today. The petitioner's claim for interest on delayed payment of terminal benefits is left open to be decided in other appropriate proceedings. P.N.Ravindran, Judge. ess 28/2