High Court Kerala High Court

Valsalakumar vs The Director Of Municipal on 6 October, 2009

Kerala High Court
Valsalakumar vs The Director Of Municipal on 6 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 22701 of 2009(G)


1. VALSALAKUMAR, D/O. K.R.GOPALAKRISHNAN
                      ...  Petitioner

                        Vs



1. THE DIRECTOR OF MUNICIPAL
                       ...       Respondent

2. THE ALAPPUZHA MUNICIPALITY, REP. BY ITS

                For Petitioner  :SMT.C.K.SHERIN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :06/10/2009

 O R D E R
                                  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)
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