IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 25TH MAY 2011 / 4TH JYAISHTA 1933 WP(C).No. 9899 of 2011(J) ------------------------- PETITIONER(S): --------------- N.SURENDRAN, AGED 61 YEARS, S/O. KRISHNAN NARAYANAN, POTHANADU KANDATHIL, SANATHANAM WARD, ALAPPUZHA. (RETD. CONTINGENT WORKER, ALAPPUZHA MUNICIPALITY). BY ADV. SMT.C.K.SHERIN RESPONDENT(S): --------------- 1. THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM-695 001. 2. DEPUTY DIRECTOR, LOCAL FUND AUDIT, MUNICIPAL AUDIT, ALAPPUZHA-688 001. 3. THE ALAPPUZHA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, ALAPPUZHA MUNICIPALITY, ALAPPUZHA-688 001. ADV. SRI.M.K.CHANDRAMOHAN DAS, SC FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.9899 OF 2011 ---------------------------------------------- Dated this the 25th day of May, 2011 JUDGMENT The petitioner retired from the service of the 3rd respondent Municipality on 31.5.2010. The petitioner's grievance in this writ petition is that the retirement benefits due to him have not been paid to him in full. He submits that the DCRG, Commuted Value of Pension, Provident Fund, Arrears of Pension, Arrears of Dearness Allowance and terminal leave surrender salary have not been paid to him so far. Therefore, the petitioner seeks the following reliefs: “a) Call for the records connected with the case. b) issue a writ of mandamus or any other writ order, direction to the 3rd respondent to pay DCRG, commutation, Provident Fund Amount, arrears of pension, earned leave surrender and arrears of dearness allowance; c) to direct the 3rd respondent to pay the arrears of D A along with interest as per Ext.P2 order. d) to direct the respondent to pay interest at the rate of 18% per annum from 24/9/2010 till the date of payment. e) to issue a direction to the 3rd respondent to pay DCRG, commuted value of pension, Provident Fund Amount and arrears of pension, earned leave surrender and arrears of dearness allowance with interest within a time limit”. W.P.(C)No.9899/11 2 2. The learned Standing Counsel for the Municipality does not dispute the eligibility of the petitioner for receiving the amount as prayed for. The only contention raised is that because of financial stringency the Municipality is unable to pay amounts immediately. The learned Standing counsel for the Municipality submits that five months' time may be given to the Municipality to pay off the amounts. Having heard the both sides, I dispose of this writ petition with the following directions: Provident Fund amount and terminal leave surrender salary due to the petitioner shall be paid within two weeks. The balance amount due to the petitioner towards retirement benefits shall be paid within three months from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE acd W.P.(C)No.9899/11 3 W.P.(C)No.9899/11 4