IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 22701 of 2009(G) -------------------------- PETITIONER(S): --------------- VALSALAKUMARI, D/O. K.R.GOPALAKRISHNAN AGED 56 YEARS, PRANAVAM, NANDAVANAM, PAZHAVEEDU.PO ALAPPUZHA, RETD. AS PERSONAL ASSISTANT TO SECRETARY. BY ADV. SMT.C.K.SHERIN RESPONDENT(S): --------------- 1. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, THIRUVANANTHAPURAM. 2. THE ALAPPUZHA MUNICIPALITY, REP. BY ITS SECRETARY ALAPPUZHA MUNICIPALITY ALAPPUZHA. SRI.M.K.CHANDRAMOHAN DAS, SC FOR R2 GOVERNMENT PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.22701/09 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER DT 24.1.09. P2 COPY OF THE REPRESENTATION DT 4.7.08. TRUE COPY P.A. TO JUDGE V. GIRI, J. `````````````````````````````````````````````````` W.P.(C) No. 22701 of 2009 G `````````````````````````````````````````````````` Dated this the 6th day of October, 2009 J U D G M E N T Petitioner retired from the 2nd respondent Municipality as Personal Assistant to the Secretary on 30-11-2008. His retirement benefits have been sanctioned under Ext.P1. But, the same has not been disbursed to her and hence the writ petition. 2. By order dated 11-08-2009, this Court directed 50% of the Commuted Value of Pension to be paid to the petitioner and such payment has been made. There is no dispute regarding the eligibility of the petitioner to receive the amount sanctioned under Ext.P1. 3. Learned counsel for the 2nd respondent Municipality submits that the Municipality is facing a serious financial stringency and hence the delay in making the payment. 4. Having regard to the facts and circumstances, the writ petition is disposed of with the following directions:- The 2nd respondent Municipality shall pay the petitioner 50% of the balance amount due by way of retirement benefits on WPC.22701/09 : 2 : or before 07-12-2009. The entire balance amount due shall be paid within two months thereafter. The petitioner's claim for interest on belated payment is left open to be agitated in other appropriate proceedings, if so advised. (V.GIRI, JUDGE) aks