IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 WP(C).No. 13984 of 2009(P) -------------------------------------- PETITIONER(S): ---------------------- SRI. P.C.KURIAN, PUTHEN VEETTIL HOUSE, KURICHY.P.O. CHANGANACHERRY, KOTTAYAM. (DRIVER, CHANGANACHERRY MUNCIPALITY. RETIRED) BY ADV. MR.E.NARAYANAN RESPONDENT(S): ------------------------- 1. CHANGANACHERRY MUNICIPALITY CHANGANACHERRY, REP. BY ITS SECRETARY. 2. THE DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. R2 BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN R1 BY ADV. MR.SIBY MATHEW MR.PHILIP J.VETTICKATTU MR.B.PREMNATH (E) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 13984 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 1st day of June, 2009 JUDGMENT Heard Sri. E.Narayanan, the learned counsel appearing for the petitioner, Sri. Sibi Mathew, the learned standing counsel appearing for the first respondent and Smt. Anu Sivaraman, the learned Government Pleader appearing for the second respondent. 2. The petitioner retired from service on 31-10-2008, while he was serving as Driver in the Changanacherry Municipality. By Ext.P1 order passed on 2-2-2009 the Director of Urban Affairs sanctioned to him terminal benefits including D.C.R.G. and commuted value of pension. The grievance of the petitioner is that till date, the first respondent has not disbursed the terminal benefits not withstanding the directions issued by the Director of Urban Affairs in Ext.P1. 3. The learned standing counsel appearing for the Changanacherry Municipality submits that payment could WPC 13984/09 2 not be effected for want of funds and that the Municipality will pay the terminal benefits sanctioned to the petitioner under Ext.P1 within two months from today. The learned counsel appearing for the petitioner did not seriously oppose the said submission. 4. In the light of the submissions made at the Bar by the learned standing counsel for the Changanacherry Municipality, I dispose of this writ petition with a direction to the Secretary, Changanachery Municipality to disburse to the petitioner the terminal benefits sanctioned to him in Ext.P1 in full, within two months from today. If payment is not made, as directed above, the petitioner will be entitled to interest @ 7.5% per annum on the D.C.R.G. sanctioned to him, as per Ext.P1 with effect from the date on which the period of two months expires. The petitioner has a further grievance regarding payment of leave surrender benefits and arrears of pay revision and dearness allowance. Claiming these benefits, he may move the Changanacherry Municipality and the Changanacherry Municipality shall WPC 13984/09 3 take an appropriate decision in the matter within two months from the date of receipt of such a representation. In the event of the petitioner being found entitled for the said benefits, the same shall be disbursed expeditiously and in any event within another two months from the date on which orders are passed on the representation. P.N.RAVINDRAN, JUDGE. mn.