IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 WP(C).No. 36211 of 2009(V) ----------------------------------------- PETITIONER(S): ------------------------- MEENAKSHI K., (RETD. SANITATION WORKER, CHERTHALA MUNICIPALITY), VARIATH CHIRA, A.N.PURAM, ALAPUZHA, NOW RESIDING AT KANNATTUPARAMBIL, KRISHNA KRIPA, CMC 15, CHERTHALA. BY ADV. SMT.P.V.ASHA RESPONDENT(S): ----------------------------- 1. CHERTHALA MUNICIPALITY REPRESENTED BY ITS SECRETARY, CHERTHALA. 2. DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF LOCAL FUND AUDIT, OFFICE OF THE LOCAL FUND AUDIT, ALAPPUZHA. R1 BY ADV. SRI.J.OM PRAKASH, SC R2 & R3 BY GOVERNMENT PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.36211/2009 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF ORDER DTD. 28/11/2008 OF THE 1ST RESPONDENT. P2: COPY OF THE REPRESENTATION DTD. 30/11/2009 OF PETITIONER TO 1ST RESPONDENT. RESPONDENT'S EXHIBITS: R1(A): COPY OF THE STATEMENT SHOWING THE FINANCIAL POSITION OF THE CHERTHALA MUNICIPALITY DURING 2009-2010 PREPARED BY THE SECRETARY. /TRUE COPY/ P.A.TO JUDGE Kss ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.36211 of 2009 --------------------------------- Dated, this the 16th day of June, 2010 J U D G M E N T The petitioner retired from the services of the respondent Municipality as a Sanitary Worker on attaining the age of superannuation on 30/112008. Her terminal benefits have not been disbursed so far. Seeking a direction for disbursement of the terminal benefits, this writ petition has been filed. 2. Justification offered by the Municipality for the delay in the disbursement of the benefits is financial crisis. Though financial crisis is not a valid reason to delay or deny payment of retirement benefits, having regard to the reality of the situation, I direct the respondents to disburse admissible amount of retirement benefits due to the petitioner as expeditiously as possible, at any rate, within six months of production of a copy of this judgment. It is made clear that the amount due will carry interest @ 10% from today till date of payment. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg