IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18744 of 2009(K)
1. M.M.ROY, AGED 61, S/O.MADHAVAN,
... Petitioner
Vs
1. SECRETARY, CORPORATION OF COCHIN,
... Respondent
For Petitioner :SRI.K.S.MADHUSOODANAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :26/08/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No. 18744 OF 2009
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Dated this the 26th day of August, 2009
J U D G M E N T
Heard Sri. K.S.Madhusoodanan, the learned counsel appearing for
the petitioner and Sri. S.Ramesh Babu, the learned Standing Counsel
appearing for the respondent.
2. The petitioner retired from service on 30.4.2008. Thereafter
terminal benefits were sanctioned as per Ext.P1 order 1.6.2009 issued by
the Secretary of Cochin Corporation. This writ petition is filed aggrieved
by the non payment of pensionary benefits.
3. When this writ petition came up for hearing on 27.7.2009, this
Court passed an interim order directing the respondent to pay to the
petitioner the sum of Rs. 1,00,000/- on or before 25.8.2009. It is
conceded before me that the said payment was effected and the sum of
Rs.1,00,000/- was paid to the petitioner towards part payment of the
DCRG.
4. The learned Standing Counsel appearing for the Cochin
Corporation submits that the Corporation may be granted a reasonable
time to disburse the terminal benefits sanctioned as per Ext.P1 in full. In
my opinion, as more than fifteen months have passed after the petitioner
retired from service, the Corporation of Cochin cannot any longer delay
W.P.(C) No. 18744/09
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payment of terminal benefits to him. However, taking note of the request
made by the learned Standing Counsel, I grant the Corporation of Cochin
six weeks time from today to disburse the balance terminal benefits
sanctioned to the petitioner as per Ext.P1.
I, accordingly, dispose of this writ petition with a direction to the
respondent to disburse the balance terminal benefits payable to the
petitioner based on Ext.P1 order within six weeks from today. As regards
petitioner’s claim for payment of arrears of dearness allowance and arrears
of pay at the revised rates for the period from 1.7.2004 to 30.4.2008, he
may submit an appropriate representation before the Secretary, Cochin
Corporation. The Secretary shall within two months thereafter pass orders
thereon and also disburse the monetary benefits expeditiously thereafter.
If the terminal benefits have not been fixed applying the revised pay and
allowances which the petitioner is entitled to receive from 1.7.2004
onwards, the same shall be revised and arrears of terminal benefits, if any,
paid within six months from today.
P.N.RAVINDRAN, JUDGE
vps
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