IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 36842 of 2009(A) --------------------------------------- PETITIONER(S): ----------------------- P.SULOCHANA, W/O. ACHUTHAN, AGED 60 YEARS, PADINHAMVELY PARAMBU, KOTTOLI P.O., KOZHIKODE-673 016. (RETIRED SWEEPER, CALICUT CORPORATION). BY ADVS. SRI.M.R.HARIRAJ SRI.SURAJ.S SRI.P.A.KUMARAN SMT.VINEETHA B. SRI.NIRMAL V NAIR RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF-GOVERNMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF MUNICIPALITIES, THIRUVANANTHAPURAM. 3. SECRETARY, CORPORATION OF CALICUT, CALICUT. R3 BY ADV. SRI.K.D. BABU, SC FOR CORPORATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 36842 OF 2009 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of January, 2010 J U D G M E N T The petitioner was a full-time sweeper(contingent) under the Corporation of Calicut. she retired from its service on 30.6.2009. This writ petition has been filed on being aggrieved by the delay in the matter of disbursement of her retiral benefits. 2. A statement has been filed by the 3rd respondent in compliance with the directions of this court issued on 22.1.2010. Paragraph 4 therein reads as follows: “It is respectfully submitted that petitioner was appointed as sweeper(contingent) as per order A22/24027/85 dated 4.10.1991 and retired from service on 30.6.2009. Petitioner had applied for retiral benefits only on 30.3.2009. She ought to have filed it before one year of retirement. Anyhow, while considering her application some defects were found in her serve ice book and after curing the defects the petitioner's pension papers were sent to the Deputy Director, Local Fund Audit on 23.11.2009 for verification. The Deputy Director, Local Fund Audit has approved the benefits and a verification report as per LFACC(A3)931/09 dated 14.12.2009 was received in this respondents office on 19.12.2009. The bills for disbursing DCRG, pension, pension commutation, arrears to the petitioner were prepared on 31.12.2009 on the basis of above verification report.” 3. Further in Paragraph 7 also the 3rd respondent has WPC. 36842 OF 2009 : 2 : detailed the benefits due to the petitioner in terms of the pay revision. It is stated in the affidavit that the retirement benefits due to the petitioner would be disbursed to her based on the priority criteria and also according to the availability of the funds with the Corporation. As per the statement the bills for disbursing DCRG, pension, pension commutation, arrears were all prepared on 30.12.2009 on the basis of the verification report of the Deputy Director, Local Fund Audit. Further it is stated therein that in the case of provident fund, the benefits thereunder can be disbursed only after the account is duly closed by the competent authority subject to the availability of funds with the corporation. It is stated that all the required information for closing the PF account have been furnished to the Directorate of Urban affairs. 4. It is thus evident that all steps have been taken by the 3rd respondent in the matter of disbursement of retiral benefits payable to the petitioner. At the same time the contention of the 3rd respondent that such benefits would be disbursed to her depending the availability of the funds with the corporation cannot be countenanced and appreciated at WPC. 36842 OF 2009 : 3 : all. Being a person who served the corporation and retired on 30.6.2009, the disbursement of the retiral benefits due to her cannot be deferred indefinitely and the petitioner cannot be made to wait for unduly long period. Therefore, this writ petition is disposed of with a direction to the respondents to disburse the retiral benefits due to the petitioner, including the PF amount, within a period of two months from the date of receipt of copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge