IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No. 545 of 2010(P) ------------------------ PETITIONER(S): --------------- 1. D.SUTHAN, AGED 61 YEARS, S/O.KOCHU PILLAI, KAITHAPALLY HOUSE, NANDIAT KUNNAM, NORTH PARAVOOR-683 513. 2. K.S.NATARAJAN, AGED 61 YEARS, S/O.SHANKARAN, KALATHINGAL HOUSE, CHATTATTUKARA, VADAKKEKARA P.O.-683522. 3. A.RAVEENDRAN, AGED 60 YEARS, S/O.AYYAPPAN KUNJI, CHENNANKULANGARA HOUSE, VAZHIKULANGARA, P.M.C. XII/112, NORTH PARAVOOR P.O.-683 513. BY ADVS. SRI.K.SHRIHARI RAO SMT.N.SHOBHA RESPONDENT(S): --------------- 1. NORTH PARAVOOR MUNICIPALITY, REPRESENTED BY ITS SECRETARY, NORTH PARAVOOR, ERNAKULAM DISTRICT. 2. THE SECRETARY, NORTH PARAVOR MUNICIPALITY, NORTH PARAVOOR, ERNAKULAM DISTRICT. 3. THE DEPUTY DIRECTOR OF LOCAL FUND AUDIT, DISTRICT OFFICE, KAKKANAD, ERNAKULAM DISTRICT. 4. THE MUNICIPAL DIRECTOR, DIRECTORATE, TRIVANDRUM. 5. STATE OF KERALA REPRESENTED BY SECRETARY LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, TRIVANDRUM. BY ADV. SRI.T.A.SHAJI,SC,PARAVUR MUNICIPALITY FOR R1 &R2 GOVT. PLEADER SMT. ANU SIVARAMAN -R3 TO R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 545 OF 2010 -------------------------------------------- Dated this the 17th day of February, 2010 JUDGMENT The petitioners were sanitary workers under the first respondent- Municipality. They retired from service on 31.8.2008, 28.2.2009 and 30.6.2009 respectively. This Writ Petition is filed aggrieved by the delay in disbursement of their pensionary benefits. 2. A counter affidavit has been filed by respondents 1 and 2. In paragraph 7 of the counter affidavit, it is stated as hereunder: "7. Now, by order No.P8-189/09 dated 11- 12-2009 the Director of Urban Affairs has sanctioned an amount of Rs.34,73,628/- towards its pension/family pension account for the year 2009- 10. However, the amount would be released only in instalments, which has been stated in the order itself. Therefore, it is earnestly expected that the municipality would be able to disburse the DCRG and other dues payable to the petitioners by 30-6- 2010." In view of the specific statement in paragraph 7 of the counter affidavit, as extracted above, I think this Writ Petition can be disposed of W.P.(C) NO.545/2010 2 with a direction to the respondents to disburse the retiral benefits admitted to the petitioners as per Exts.P1, P3 and P5 on or before 30.6.2010. Ordered accordingly. (C.T. RAVIKUMAR, JUDGE) sp/ W.P.(C) NO.545/2010 3 C.T. RAVIKUMAR, J. W.P.(C) NO. 545/2010 JUDGMENT 17th February, 2010