IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 WP(C).No. 495 of 2010(J) ------------------------ PETITIONER(S): --------------- 1. GOPALAN, AGED 60, S/O. KUNJU PILLA, MANAKKAL THUNDI HOUSE, KUZHUVELIPADY, EDATHALA, ALUVA. 2. LONAN OUSEPH, AGED 60, S/O. LONAN, THAREPARAMBU, H. NO. 12/1141, PANAYAPILLY, COCHIN -2. BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENT(S): --------------- 1. MUNICIPAL DIRECTOR, URBAN AFFAIRS DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. SECRETARY, CORPORATION OF COCHIN, ERNAKULAM. ADV. SRI.K.ANAND, SC, COCHIN CORPN. FOR R2 G.P. SHRI.O.P.NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 495 of 2010 ================== Dated this the 8th day of February, 2010 J U D G M E N T The petitioners have filed this writ petition complaining that although they retired on 31.10.2009, their retirement benefits have not been disbursed by the Corporation of Cochin. It is under the above circumstances, the petitioners have filed this writ petition seeking the following reliefs: “i. Call for records connecting Exts.P1 to P3 from the respondent concerned; ii. Issue Writ of Mandamus directing the respondent to disburse to P.F. due to the 1st petitioner with interest forthwith; iii. Issue Writ of Mandamus directing the 2nd respondent to disburse to the petitioners gratuity, pension with arrears, commutation value of pension, grade benefits, earned leave surrender and D.A. arrears from July 1999 to January 2006 with interest.” 2. A counter statement has been filed on behalf of the 2nd respondent, wherein it is stated that steps are being taken to disburse pensionary benefits to the 1st petitioner at the earliest. Regarding the 2nd petitioner, it is submitted that the service book of the 2nd petitioner has been sent for inspection to the Local Fund Auditor on 7.12.2009 and as and when the same is returned after inspection, the pension and retirement benefits can be fixed and disbursed to him also. It is also submitted that DA arrears due to the 2nd petitioner have already been disbursed. 2 3. Having heard the learned counsel for the petitioners, the learned standing counsel appearing for the 2nd respondent and the learned Government Pleader, I dispose of this writ petition with the following directions: Service benefits and retirement benefits due to the 1st petitioner shall be disbursed within one month from the date of receipt of a certified copy of this judgment. The Local Fund Auditor shall examine the service book of the 2nd petitioner and return the same to the 2nd respondent as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Thereafter, the 2nd respondent shall disburse the retirement benefits and any other service benefits due to him within another one month from the date of receipt of the service book. The 1st respondent shall authorise disbursal of the provident fund amounts due to the petitioners within one month from the date of receipt of a certified copy of this judgment. The same shall also be disbursed to the petitioners within one month from the date of authorisation from the 1st respondent. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 3