IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14204 of 2008(N)
1. K.P.JAYAPRAKASH, KALLELIL, KIZHAKKENADA,
... Petitioner
Vs
1. CHENGANNUR MUNICIPALITY,CHENGANNUR ,
... Respondent
2. DIRECTOR OF MUNICIPALITIES,
For Petitioner :SRI.K.SASIKUMAR
For Respondent :SRI.S.HARIKRISHNAN, SC, MC, CHENGANNUR
The Hon'ble MR. Justice V.GIRI
Dated :04/07/2008
O R D E R
V.GIRI,J.
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W.P ( C) No. 14204 of 2008
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Dated this the 4th July, 2008
J U D G M E N T
Petitioner retired from the Chengannur Municipality
as Superintendent on 30.6.2007. By Exhibit-P1, terminal
leave surrender benefits were sanctioned to the
petitioner. By Exhibit-P2, DCRG and Commuted Value of
Pension were sanctioned. Petitioner is aggrieved by
notwithstanding the order of sanction except the pension,
other amounts are yet to be received.
2. First respondent has filed a statement. It is
clear that no liability as such is fixed against the
petitioner. The stand taken by the Municipality is that
amounts are due to the Municipality from the State and
that has not been disbursed in full. In the meanwhile, in
Exhibit -P2, the Director has directed the Municipality to
pay the amounts due to the petitioner from the amounts
due from the Municipality to the State by way of
contribution to the Central Pension Fund. This
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according to the learned counsel for the Municipality is
unjustified.
3. I heard learned counsel for the petitioner and
learned Government Pleader and learned standing counsel
for the 1st respondent Municipality.
4. Exhibit-P2 order passed by the Director is
categoric and as long as it remains, it is binding on the
Municipality as well. In the circumstances, the Municipality
is bound to disburse the DCRG and Commuted Value of
Pension due to the petitioner in terms of Exhibit-P2.
Petitioner has a claim for revision of retirement benefits
and the same is pending orders as Exhibit-P7 before the
Director. The Director will have to take a decision on this
aspect.
5. In the result, the writ petition is disposed of in
the following terms:
i) First respondent shall disburse to the
petitioner the amount sanctioned under Exhibit-P2
within a period of two months from the date of receipt
of a copy of this judgment.
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ii) First respondent shall also pay the salary arrears
due to the petitioner on the basis of Exhibit-P6 within
the aforementioned time frame.
iii) Second respondent shall pass orders on Exhibit-
P7 within a period of three months from the date of
receipt of a copy of this judgment. Thereupon,
appropriate steps shall be taken by the 1st respondent
in consonance with the same.
iv) Arrears of pension due to the petitioner for the
period from 1.7.2007 till 3.6.2007 shall also be paid by
the 1st respondent, within a period of two months from
the date of receipt of a copy of this judgment.
(V.GIRI, JUDGE)
ma
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