IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(C).No. 16605 of 2009(U) ------------------------------------------ PETITIONER(S): ------------------------ C.P.GOPALAKRISHNAN NAIR, AGED 56 YEARS, S/O.SRI. C.K.PADMANABHA PILLIAI, SUDHA NIVAS, SREEKRISHNA STUDIO LANE, ATTINGAL. BY ADV. MR.G.S.REGHUNATH RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT (LOCAL SELF GOVERNMENT) SECRETARIAT, TRIVANDRUM. 2. DIRECTOR OF URBAN AFFAIRS, TRIVANDRUM, OFFICE OF THE DIRECTOR,URBAN AFFAIRS, TRIVANDRUM. 3. SECRETARY, ATTINGAL MUNICIPALITY ATTINGAL, TRIVANDRUM. R1 & R2 BY SR. GOVERNMENT PLEADER MR. P.NANDAKUMAR R3 BY ADVS. MR.M.R.ANANDAKUTTAN, SMT.M.A.ZOHRA, MR.R.S.MADHU, MR.MAHESH ANANDAKUTTAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.16605/2009 U APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DTD. 12/03/2008 OF THE 2ND RESPONDENT. P2: COPY OF THE REPRESENTATION DTD. 1/03/2009 SUBMITTED BY PETITIONER BEFORE THE 3RD RESPONDENT. P3: COPY OF THE REPRESENTATION DTD. 24/03/2009 SUBMITTED BY PETITIONER BEFORE THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. --------------------------------------------- W.P.(C)No.16605 of 2009 --------------------------------------------- Dated 18th August, 2009 J U D G M E N T Heard Sri.G.S.Raghunath, the learned counsel appearing for the petitioner, Sri.P.Nandakumar, the learned Senior Government Pleader appearing for respondents 1 and 2 and Sri.M.R.Anandakuttan, the learned standing counsel appearing for the third respondent. 2. The petitioner retired from service on 31.1.2008 while he was serving as Revenue Inspector in the Attingal Municipality. By Ext.P1 order dated 12.3.2008, the Director of Urban Affairs sanctioned payment of terminal benefits consisting of pension, DCRG and commuted value of pension. The Director of Urban Affairs also directed the Secretary of Attingal Municipality to pay the terminal benefits to the petitioner and to adjust it against the amounts payable by the Municipality to the Central Pension Fund. This writ petition is filed contending that though Ext.P1 order sanctioning terminal benefits was issued on 12.3.2008, the third respondent has paid only arrears of WP(C).No.16605/2009 2 monthly pension and also the sum of Rs.1,00,000/- towards DCRG. 3. The third respondent has filed a counter affidavit contending that the Municipality could not disburse the pensionary benefits due to want of funds, that the sum of Rs.1,00,000/= was disbursed to the petitioner on 19.3.2009, that large amounts are due from the Government and that the delay in payment of terminal benefits sanctioned as per Ext.P1 is not willful. When this writ petition came up for hearing today, the learned standing counsel appearing for the third respondent submitted that after the counter affidavit was filed a letter dated 10.8.2009 has been sent to the petitioner informing him that a further sum of Rs.2,00,000/= has been earmarked for payment to him and he should collect it from the Municipality. In view of the payment of the sum of Rs.1,00,000/= on 19.3.2009 and the offer now made by the Municipality to pay a further sum of Rs.2,00,000/= to the petitioner, I am of the opinion that this writ petition can be disposed of with the following directions: The Secretary, Attingal Municipality shall on or before 28.8.2009 disburse to the petitioner, the sum of Rs.2,00,000/= WP(C).No.16605/2009 3 referred to in the letter dated 10.8.2009. The balance terminal benefits shall be disbursed in two equal monthly instalments. Payment of the first of such instalments shall be made on or before 1.10.2009 and the second instalment on or before 2.11.2009. It is clarified that in the event of failure on the part of the third respondent to disburse amounts as directed above, the petitioner will be entitled to interest at the rate of 7% per annum on the amount in default from the respective due dates. P.N.RAVINDRAN Judge TKS