IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 19TH MARCH 2009 / 28TH PHALGUNA 1930 WP(C).No. 8130 of 2009(I) --------------------------------------- PETITIONER(S): ---------------------- K.K.KESAVAN, S/O.LATE KUMARAN, AGED 60, KULANGARATHARA VEEDU, CHILAVANNUR P.O., COCHIN-20., (RETIRED CART MAN , CIRCLE NO.17 COCHIN CORPORATION. BY ADV. MR.JOHNSON MANAYANI RESPONDENT(S): ------------------------ 1. THE CORPORATION OF COCHIN, REP.BY ITS SECRETARY. 2. THE STATE OF KERALA, REP.BY ITS SECRETARY TO LOCAL SELF GOVERNMENT SECRETARIAT, TRIVANDRUM. BY ADV. MR.K.ANAND, SC, COCHIN CORPN. FOR R1 BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 8130 of 2009 --------------------------------------------------- Dated this the 19th day of March, 2009 JUDGMENT The petitioner retired on 28.2.2009 from service of the first respondent Corporation as Cart Man. The main relief sought for in the writ petition is for a direction to the first respondent to complete the paper work of the disbursement of the petitioner's pensionary benefits and to disburse the same immediately. 2. On behalf of the first respondent a counter affidavit have been filed. It is pointed in para 3 of the counter affidavit that after his retirement the petitioner had submitted an application dated 13.3.2009. On going through the service book of the petitioner, it was pointed out that proceedings have been initiated against the petitioner and he was suspended from duty for having attended the duty in a drunken stage and for having misbehaved to his senior officers. During his service tenure, almost 240 days he was automatically absented from duty. Steps have already been initiated for regularising the service period, the period of leave and the discrepancy that arose consequent on the pay revision that has been effected subsequent to 1.4.1994. For this, sanction from the Local Fund Section is required. Once sanction is obtained from the Local Fund Section and the NLC wpc:8130 of 2009 2 and LPC is obtained from the circle, the proceedings will be completed and the pensionary benefits of the petitioner will be disbursed. 3. Expeditious steps have to be taken by the first respondent to take final action to disburse the retirement benefits due to the petitioner. The learned Standing Counsel submitted that at least five months time is required to complete these and for payment of the amount. 4. The learned counsel for the petitioner submitted that petitioner is in financial difficulties and it is therefore, prayed that the amounts may be directed to be disbursed within a reasonable period. Accordingly the first respondent is directed to finalise the action and see that the entire amounts are paid within a period of four months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE bps