IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 WP(C).No. 19078 of 2011(H) -------------------------- PETITIONERS: --------------- 1. K.THANKAMMA,GANGABHAVANAM, MAVELIKARA (P.O) (RETIRED CONTINGENT WORKER(SWEEPER)MAVALIKKARA MU NICIPALITY) 2. G.SUKUMARAN, LEKSHIMANDIRAM,THAKAZHI P.O ALAPPUZHA DISTRICT, (RETIRED CONTINGENT SANITATION WORKER-MAVELIKKARA MUNICIPALITY) BY ADV. SRI.K.SASIKUMAR SRI.S.KANNAN RESPONDENTS: --------------- 1. MAVELIKARA MUNICIPALITY REP.BY ITS SECRETARY-695101 MAVELIKKARA P.O 2. DIRECTOR OF URBAN AFFAIRS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001 ADV. SRI.K.HARILAL,SC,MAVELIKARA MUNICIPALIT FOR R1 SMT. SMITHA SUKUMAR, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19078 of 2011(H) APPENDIX PETITIONERS' EXHIBITS: EXT.P1 : A TRUE COPY OF THE ORDER DT. 27.9.2006 ISSUED BY THE 1ST RESPONDENT IN RESPECT OF THE RETIREMENT F THE 1ST PETITIONER's EXT.P2 : A TRUE COPY OF THE ORDER DATED 27.9.2006 ISSUED BY THE 1ST RESPONDENT IN RESPECT OF THE RETIREMENT OF THE 2ND PETITIONER's EXT.P3 :ATRUE COPY OF THE G.O(Rt) No. 88/2008/LSGDDATED 19.3.2008 EXT.P4 : A TRUE COPY OF THE TABULATION PREPARED BY THE RESPONDENT SHOWING ARREARS OF PENSION REVISION BENEFITS DUE TO THE RETIRED CONTINGENT WORKERS RESPONDENTS' EXHIBITS: NIL TRUE COPY P.A TO JUDGE jma C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 19078 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of August, 2011 J U D G M E N T The petitioners are retirees from the service of the Mavelikkara Municipality. They retired from its service as contingent workers on 31.3.2006. This writ petition has been filed mainly with a prayer to issue a writ of mandamus commanding the first respondent to pay the balance amount remaining unpaid as is obvious from Ext.P4, as arrears on account of Ext.P3 pay revision order. 2. A counter affidavit has been filed in this writ petition by the first respondent. In view of the nature of the statements made in the counter affidavit I do not think it necessary to consider the contentions on merits. A perusal of the counter affidavit would reveal that the respondents are not disputing the claim of the petitioners for balance amount of arrears in the light of Ext.P3. Citing financial stringency as the reason for non disbursement of the amount to which the petitioners are eligible the respondents are seeking six months’ time to effect payment of the balance amount as WPC.19078/2011 : 2 : claimed by the petitioners. In view of the fact that the petitioner have retired from the service of the respondent in the year 2006 as contingent workers, I do not think that the respondents are justified in making such a request. In the said circumstances, this writ petition is disposed of with a direction to the first respondent to effect the balance amount payable to the petitioners on account of Ext.P3 pay revision orders, expeditiously, at any rate, within a period of three months from the date of receipt of copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge