IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 28138 of 2009(J) -------------------------- PETITIONER(S): ------------------ P.LAKSHMANAN (CLEANER RETIRED), THUTHIVILA PUTHEN VEEDU, PARASUVAKKAL P.O., PARASALA, THIRUVANANTHAPURAM. BY ADV. SRI.R.GOPAN RESPONDENT(S): -------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE MANAGING DIRECTOR, KERALA HEALTH RESEARCH & WELFARE SOCIETY, GENERAL HOSPITAL CAMPUS, RED CROSS ROAD, THIRUVANANTHAPURAM. 3. THE CHAIRMAN, GOVERNING BOARD, KHR & WS, GENERAL HOSPITAL CAMPUS, RED CROSS ROAD, THIRUVANANTHAPURAM. 4. THE ACCOUNTANT & AUDITOR GENERAL, A.G.'S OFFICE, VIKAS BHAVAN, THIRUVANANTHAPURAM. ADV. SRI.M.AJAY,SC,KERALA HEALTH RESEARCH&WE FOR R2 & 3 GOVT.PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.28138/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: PHOTOCOPY OF THE LETTER DT 23.4.2007 SENT BY THE MANAGING DIRECTOR TO THE REGIONAL ENGINEER, THIRUVANANTHAPURAM. EXT.P2: PHOTOCOPY OF THE NON LIABILITY CERTIFICATE ISSUED BYTHE HEAD NURSE, G.H.PARASSALA DT 3.5.2007. EXT.P3: PHOTOCOPY OF THE LIST OF DATE OF RETIREMENT AND PENSIONARY BENEFITS OF THE EMPLOYEES OF KHRWS. EXT.P4: PHOTOCOPY OF THE LETTER DT 15.9.2009 ISSUED BY THE STATE INFORMATION OFFICER TO THE PETITIONER. EXT.P5: PHOTOCOPY OF THE BONAFIDE CERTIFICATE DATED 18.9.2008 ISSUED BY THE PRINCIPAL, SUN COLLEGE OF ENGINEERING AND TECHNOLOGY, ERACHAKULAM POST. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 28138 OF 2009 (J) ===================== Dated this the 25th day of November, 2009 J U D G M E N T Petitioner joined service of the 2nd respondent as a Cleaner way back in 1983. He attained the age of superannuation and retired on 30/4/2007. Ext.P2 non liability certificate has been issued. Going by Ext.P3, an amount of Rs.1,49,600/- is due towards DCRG and Rs.74,592/- is due towards terminal surrender. Both these benefits have not been paid and therefore this writ petition is filed. It is the specific case of the petitioner that seven persons who retired subsequent to him have all been paid their dues. 2. I heard the standing counsel appearing for the respondents. According to him, it was on account of the delay in completing audit that the petitioner's terminal benefits could not be settled. It is submitted that the audit has since been completed, but now the 2nd respondent is facing acute financial constraints. It is therefore submitted that they need atleast six months to settle the liability. However, fact remains that the petitioner retired way back on 30/4/2007 and till date, nothing WPC 28138/09 :2 : has been paid. It is also a fact that seven persons who have retired subsequent to the petitioner has been paid their terminal benefits. This coupled with the fact that the petitioner urgently requires fund Justify an immediate payment. 3. Therefore, I dispose of this writ petition with the following directions. (1) That atleast 50% of the amount due to the petitioner shall be paid by the 2nd respondent, at any rate within one month from today on production of a copy of this judgment. (2) The balance 50% shall be paid within three months from the date of payment of the first instalment as directed above. (3) Petitioner shall produce a copy of this judgment before the respondents for compliance. ANTONY DOMINIC, JUDGE Rp