IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 31568 of 2008(G) --------------------------------------- PETITIONER: ------------------- SMT.ROSAMMA CHACKO, RETD. SANITATION WORKER, THIPARAMPIL, THITTAMEL, CHENGANNUR P.O CHENGANNUR TALUK. BY ADV. SRI.IYPE JOSEPH, ADV. SRI.V.MANOJ KUMAR. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL SELF GOVERNMENT INSTITUTIONS, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MUNICIPALITIES, MUNICIPAL DIRECTORATE, THIRUVANANTHAPURAM. 3. THE SECRETARY, CHENGANNUR MUNICIPALITY, CHENGANNUR. R1 & R2 BY GOVT. PLEADER SRI. P. NANDAKUMAR. R3 BY ADV. SRI.S.HARIKRISHNAN, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2008,ALONG WITH W.P.(C). NO. 31534/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.31568/2008-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 12/09/2007 ISSUED BY THE R.3. SANCTIONING THE PENSIONARY BENEFITS OF THE PETITIONER. EXT.P.2: COPY OF THE REGISTERED NOTICE ISSUED TO THE PETITIONER FROM KERALA HOUSING BOARD, PATHANAMTHITTA DIVISION DTD. 07/02/2008. EXT.P.3: COPY OF THE NOTICE ISSUED TO THE PETITIONER FROM SYNDICATE BANK, CHENGANNUR BRANCH DTD. 11/03/2008. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. P.N.RAVINDRAN, J. ------------------------------- W.P.(C) Nos.31534 & 31568 of 2008 ------------------------------- Dated this the 1st December, 2008. J U D G M E N T The petitioner in W.P.(C) No.31534 of 2008 retired from service on 31.5.2007, while she was working as Sweeper in the Chengannur Municipality. The petitioner in W.P.(C) No.31568 of 2008 retired from service on 30.9.2007 while working as Sanitation Worker in the Chengannur Municipality. By Ext.P1 order passed on 12.9.2007, the Secretary of the Chengannur Municipality sanctioned the terminal benefits payable to them. The petitioners submit that though more than one year has passed thereafter, the terminal benefits has not so far been disbursed. 2. Sri.S.Harikrishnan, the learned counsel appearing for the Chengannur Municipality submits that payment of the terminal benefits sanctioned as per Ext.P1 will be made within four months from today. Sri.Iype Joseph, the learned W.P.(C) No.31534 & 31568 of 2008 2 counsel appearing for the petitioners submits that as the pensionary benefits have been sanctioned more than one year back, the Municipality cannot withhold payment even for a day. Ext.P1 discloses that way back on 12.9.2007, the terminal benefits were sanctioned to them. No reasons, other than want of sufficient funds, was brought to my notice for non payment of pensionary benefits. In my opinion, the Municipality cannot plead want of funds at its disposal to deny the petitioners the terminal benefits sanctioned to them. In these circumstances, I dispose of the Writ Petitions directing the Secretary, Chengannur Municipality, to disburse to the petitioners the terminal benefits sanctioned to them on or before 31.1.2009. If payment as directed above is not made within the time stipulated, the petitioners will be entitled to interest at the rate of 7.5% per annum from today till the date of payment. P.N.RAVINDRAN, JUDGE nj.