High Court Kerala High Court

M.M.Roy vs Secretary on 26 August, 2009

Kerala High Court
M.M.Roy vs Secretary on 26 August, 2009
       

  

  

 
 
  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.
                          ---------------------------
                       W.P.(C) No. 18744 OF 2009
                           --------------------------
                 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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