IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 18744 of 2009(K) -------------------------- PETITIONER: --------------- M.M.ROY, AGED 61, S/O.MADHAVAN, MANNALIL HOUSE, KUMBALANGI P.O., KOCHI - 7. 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: --------------- SECRETARY, CORPORATION OF COCHIN, ERNAKULAM. BY STANDING COUNSEL SRI. RAMESH BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 18744/09 APPENDIX PETITIONER'S EXHIBITS: EXT. P1. PHOTOCOPY OF THE ORDER DATED 1.6.09, BEARING MOA 22/13896/09 OF THE RESPONDENT EXT.P2. PHOTOCOPY OF THE RELEVANT PAGE OF PENSION BOOK PA TO JUDGE TRUE COPY P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 18744 OF 2009 -------------------------- Dated this the 26th day of August, 2009 J U D G M E N T Heard Sri. K.S.Madhusoodanan, the learned counsel appearing for the petitioner and Sri. S.Ramesh Babu, the learned Standing Counsel appearing for the respondent. 2. The petitioner retired from service on 30.4.2008. Thereafter terminal benefits were sanctioned as per Ext.P1 order 1.6.2009 issued by the Secretary of Cochin Corporation. This writ petition is filed aggrieved by the non payment of pensionary benefits. 3. When this writ petition came up for hearing on 27.7.2009, this Court passed an interim order directing the respondent to pay to the petitioner the sum of Rs. 1,00,000/- on or before 25.8.2009. It is conceded before me that the said payment was effected and the sum of Rs.1,00,000/- was paid to the petitioner towards part payment of the DCRG. 4. The learned Standing Counsel appearing for the Cochin Corporation submits that the Corporation may be granted a reasonable time to disburse the terminal benefits sanctioned as per Ext.P1 in full. In my opinion, as more than fifteen months have passed after the petitioner retired from service, the Corporation of Cochin cannot any longer delay W.P.(C) No. 18744/09 2 payment of terminal benefits to him. However, taking note of the request made by the learned Standing Counsel, I grant the Corporation of Cochin six weeks time from today to disburse the balance terminal benefits sanctioned to the petitioner as per Ext.P1. I, accordingly, dispose of this writ petition with a direction to the respondent to disburse the balance terminal benefits payable to the petitioner based on Ext.P1 order within six weeks from today. As regards petitioner's claim for payment of arrears of dearness allowance and arrears of pay at the revised rates for the period from 1.7.2004 to 30.4.2008, he may submit an appropriate representation before the Secretary, Cochin Corporation. The Secretary shall within two months thereafter pass orders thereon and also disburse the monetary benefits expeditiously thereafter. If the terminal benefits have not been fixed applying the revised pay and allowances which the petitioner is entitled to receive from 1.7.2004 onwards, the same shall be revised and arrears of terminal benefits, if any, paid within six months from today. P.N.RAVINDRAN, JUDGE vps W.P.(C) No. 18744/09 3