IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2530 of 2010(M)
1. V.N.KUTTAN, ASST.ENGINEER (RTD),
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE DIRECTOR OF URBAN AFFAIRS,
3. CHALAKKUDY MUNICIPALITY,
For Petitioner :SRI.B.GOPAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :11/02/2010
O R D E R
C.T. RAVIKUMAR, J.
--------------------------------------------
W.P.(C). NO. 2530 OF 2010
--------------------------------------------
Dated this the 11th day of February, 2010
JUDGMENT
The petitioner is a retiree from the service of the third respondent.
He has retired from its service while working as Work Superintendent on
30.1.2007. Admittedly, the terminal benefits including DCRG are already
admitted to the petitioner and the third respondent was authorised to draw
and disburse the same. The only impediment for not disbursing the
amount, as admitted, to the petitioner was pendency of a disciplinary
proceeding initiated against him while he was in service. However, it is
evident from Ext.P5(a) that the said proceedings had already been
dropped. Pursuant to the same, the third respondent was again authorised
to draw and disburse the admitted terminal benefits including DCRG to the
petitioner. The grievance of the petitioner is that despite such
authorisation, the amount admitted has not been drawn and disbursed to
the petitioner.
2. The petitioner submits that certain persons retired from
the service of the third respondent subsequent to the retirement of
W.P.(C) NO.2530 of 2010 2
the petitioner were granted pensionery benefits. One s uch retiree is
Mrs.Meenakumari. Learned counsel for the third respondent fairly submitted
that in the case of the aforesaid Mrs.Meenakumari, she was disbursed with
the entire pensionery benefits though she retired subsequent to the retirement
of the petitioner. It is also admitted that based on Ext.P5(a) there cannot be
any further impediment in disbursing the amount admitted to the petitioner.
Taking into account the said circumstances and the fact that the petitioner
has retired from service as early as on 30.1.2007, there shall be a direction to
the respondents 2 and 3 to disburse the pensionery benefits admitted and
authorised as per Exts.P1 and P2 expeditiously, at any rate, within a period of
one month from the date of receipt of a copy of this judgment.
The Writ Petition is disposed of as above.
(C.T. RAVIKUMAR, JUDGE)
spc
W.P.(C) NO.2530 of 2010 3
C.T. RAVIKUMAR, J.
W.P.(C). NO.2530/2010
JUDGMENT
11th February,2010