IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 WP(C).No. 33193 of 2010(Y) -------------------------- PETITIONER(S): --------------- K.P.ALIYAR,U.D.CLERK(HIGHER GRADE) (RETIRED),KUZHIPILLIL HOUSE,CHERUVATTOOR, KOTHAMANGALAM. BY ADV. SRI.P.K.MUHAMMED RESPONDENT(S): --------------- 1. THE DIRECTOR OF MUNICIPALITIES, MUNICIPAL DIRECTORATE,THIRUVANANTHAPURAM. 2. KOTHAMANGALAM MUNICIPALITY,REP.BY SECRETARY,KOTHAMANGALAM. GOVT. PLEADER SHRI.ANTONY MUKKATH ADV. SRI.V.M.KURIAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No.33193 of 2010 ================== Dated this the 2nd day of December, 2010 J U D G M E N T The petitioner retired as a UD Clerk from the Kothamangalam Municipality. The petitioner's grievance in this writ petition is that although he retired as early as on 31.3.2010, retirement benefits due to him have not been paid so far. 2. The learned standing counsel for the 2nd respondent has filed a statement, which reads thus: “1. The reliefs sought for in the above writ petition are to enforce Ext.P1 and P2 orders and to consider and dispose of Ext.P4 representation by the 1st respondent. 2. Petitioner retired as U.D.Clerk from Kothamangalam Municipality w.e.f. 31.03.2010. Ext.P3 order sanctioning the pensionary benefits of the petitioner was received in the Municipal office. As per Ext.P3 order, the amount required for payment of pensionary benefits due to the petitioner for the period 01.04.2010 to 31.03.2011 is Rs. 4,69,941/-. Out of the above amount, a sum of Rs. 2,31,891/- is to be paid from the funds of the Municipality and the balance amount of Rs. 2,29,090/- is to be paid by the 1st respondent from the Central Pension Fund. The Municipality has paid the arrears of the monthly pension due to the petitioner from 01.04.2010 amounting to Rs. 38,498/- on 17.08.2010 and monthly pension for the subsequent months is being paid to the petitioner regularly without any default. Further amount due to the petitioner towards DCRG and commuted value of pension which is payable from the Municipal Fund comes to Rs.1,93,393/-. The Municipality is to receive substantial amounts from the 1st respondent for the years 2008-09 and 2009-10 towards pension fund payment. The present liquidity position of the Municipality is weak and hence on account of paucity of funds, payments could not be made. 3. The amount of Rs. 2,29,050/- payable from the Central Pension Fund is not received from the 1st respondent. The amounts due to the petitioner will be disbursed immediately on receipt of the pension fund and arrears from the 1st respondent. The Municipality has already addressed a reminder to the 1st respondent in this regard. 4. It is also pointed out that pension benefits are due to be paid to certain other employees also who have retired even prior to the retirement of the petitioner. The Municipality is trying to disburse the amounts on the basis w.p.c.33193/10 2 of priority. There is no willful latches or deliberate delay on the part of the Municipality in disbursing the pensionary benefits due to the petitioner. In the light of the facts stated above, this Hon'ble Court may be pleased to dispose the writ petition.” The standing counsel for the Municipality submits that the Municipality requires some time to pay the amounts payable by the Municipality. As regards the balance amount, the 2nd respondent submits that as and when amount is received from the 1st respondent, the same would be paid to the petitioner. 3. I have heard the learned Government Pleader also. 4. Having heard both sides, I dispose of this writ petition with the following directions: The amounts payable by the Municipality as stated in their statement shall be paid to the petitioner within two months from the date of receipt of a certified copy of this judgment. The 1st respondent shall forward the amounts payable from the Central Pension Fund to the petitioner within two months from the date receipt of the same. The Municipality shall pay the said amount within one week from the date of receipt of the same from the 1st respondent. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.33193/10 3