IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 14942 of 2009(K) ---------------------------------------- PETITIONER(S): ------------------------ A.K.NABEESA UMMA, AGED 56 YEARS, W/O.B.MUHAMMED HASSAN, SUMAYYAS VELLAKKINAR WARD, ALAPPUZHA, RETD.HEAD CLERK, ALAPPUZHA MUNICIPALITY. BY ADVS. SMT.C.K.SHERIN MR.A.D.SHAJAN RESPONDENT(S): ------------------------- 1. THE DIRECTOR OF MUNICIPAL ADMINISTRATION THIRUVANANTHAPURAM. 2. THE ALAPUZHA MUNICIPALITY REPRESENTED BY ITS SECRETARY, ALAPPUZHA MUNICIPALITY, ALAPPUZHA. BY SR. GOVT. PLEADER SMT.ANU SIVARAMAN FOR R1 BY AD. MR.M.K.CHANDRAMOHAND DAS FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.14942 of 2009 -K ------------------------------ Dated this the 17th day of June, 2009. J U D G M E N T Heard Smt.C.K.Sherin, the learned counsel appearing for the petitioner, Smt.Anu Sivaraman, the learned Government Pleader appearing for the first respondent and Sri.M.K.Chandramohan Das, the learned Standing Counsel appearing for the second respondent. The petitioner is a former employee of the Alappuzha Municipality. She retired from service on 30.9.2008, on attaining the age of superannuation. By Ext.P1 order passed on 22.1.2009, the Director of Municipal of Administration sanctioned terminal benefits to the petitioner and directed the Secretary, Alappuzha Municipality to pay the same. The grievance voiced by the petitioner in this writ petition is that though more than four months have passed after Ext.P1 order was passed, the pensionary benefits have not so far been disbursed. Sri.M.K.Chandramohan Das, the learned standing counsel appearing for the second respondent submits that pensionary benefits have not been disbursed for want of funds and that reasonable time may be granted to disburse the terminal benefits sanctioned to the petitioner by Ext.P1. 2. Ext.P1 discloses that the Director of Urban Affairs had directed the Secretary, Alappuzha Municipality to pay the pensionary W.P(C) No.14942 of 2009 -K 2 benefits sanctioned to the petitioner by adjusting it against the contribution payable by the Municipality to the Central Pension Fund. Therefore the Municipality cannot in my opinion contend that for want of funds pensionary benefits could not be disbursed to the petitioner. However, having regard to the fact that the Municipality has expressed willingness to pay the pensionary benefits expeditiously and the fact that the Municipality is not in a position to make a lumpsum payment, I dispose of this writ petition with the following directions: The Secretary, Alappuzha Municipality shall pay to the petitioner the sum of Rs.50,000/- on or before 15.7.2009. The balance amount of terminal benefits sanctioned to her as per Ext.P1 shall be disbursed on or before 31.8.2009. It is clarified that if the Alappuzha Municipality does not pay the terminal benefits before 31.8.2009, the unpaid portion of the terminal benefits will carry interest at the rate of 7.5.% per annum from 1.9.2009 onwards. The writ petition is disposed of as above. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge