IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WP(C).No. 23284 of 2009(E) --------------------------------------- PETITIONER(S): ------------------------- MARYKUTTY M.P., MADASSERRY HOUSE, MOOKKANNUR P.O., RTD.SUPERINTENDENT, ANGAMALY MUNICIPALITY. BY ADV. MR.C.J.XAVIER RESPONDENT(S): ------------------------- 1. THE SECRETARY, ANGAMALI MUNICIPALITY, ANGAMALI. 2. THE DIRECTOR OF MUNICIPALITIES, TRIVANDRUM. R1 BY MR.P.SANTHALINGAM (SR), SC, BY ADV. MR. SHARAN. R2 BY SR.GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 23284 of 2009-E ------------------------------ Dated this the 19th day of August, 2009. J U D G M E N T Heard Sri.C.J.Xavier, the learned counsel appearing for the petitioner, Sri.P.Santhalingam, learned Senior Advocate appearing for Angamali Municipality and Smt.Anu Sivaraman, the learned Senior Government Pleader appearing for the second respondent. 2. The petitioner retired from service on 31.1.2008, while she was working as Superintendent in the Angamali Municipality. Thereafter by Ext.P1 order dated 28.10.2008, the Director of Urban Affairs sanctioned payment of terminal benefits to her. The petitioner's grievance is that though arrears of pension was paid and the commuted value of pension was also released and the petitioner is being paid monthly pension, till date the DCRG sanctioned to her as per Ext.P1 has not been disbursed. The petitioner submits that her youngest daughter, who is a final year engineering student needs money to meet her educational expenses and that her daughter's marriage is also to be solemnized shortly. 3. The learned Senior Advocate appearing for the Angamali Municipality submits that the Municipality is facing acute shortage of funds and that they are not in a position to disburse the DCRG in lump. W.P(C) No. 23284 of 2009 2 The learned Senior Advocate submits that the Municipality may therefore be permitted to pay the DCRG sanctioned to the petitioner in three monthly instalments. 4. I have considered the submissions made at the Bar by the learned counsel appearing on either side. The petitioner retired from service on 31.1.2008. More than 19 months have passed thereafter. Payment of terminal benefits to the petitioner were sanctioned ten months back by Ext.P1 order dated 28.10.2008. In such circumstances, I am of the opinion that the Municipality cannot plead want of funds and delay payment of the DCRG sanctioned in Ext.P1. If the Municipality is facing shortage of funds, they ought to have moved the Director of Urban Affairs or the Government for allotment of the requisite funds in order to meet their obligations arising out of Ext.P1. The Municipality cannot at this distance of time contend that they do not have the requisite funds to disburse the DCRG sanctioned to the petitioner or seek permission to pay the same in instalments. However having regard to the fact that the financial condition of the Municipality does not permit payment of the DCRG sanctioned to the petitioner in lump, I dispose of this writ petition with the following directions: The Secretary, Angamali Municipality shall on or before 30.9.2009 pay to the petitioner the sum of Rs.1,00,000/- towards part payment of W.P(C) No. 23284 of 2009 3 the DCRG. The balance amount of DCRG shall be paid on or before 30.10.2009 without fail. I make it clear that if payment as directed above is not made, the petitioner will be entitled to interest at the rate of 7.5% p.a of the unpaid amount of DCRG with effect from the respective due dates. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab