IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29307 of 2010(K)
1. N.RAMACHANDRAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE DIRECTOR,
3. THE CORPORATION OF COCHIN,
For Petitioner :SRI.M.SASINDRAN
For Respondent :SMT.M.K.PUSHPALATHA,SC,COCHIN CORPORATI
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :21/10/2010
O R D E R
S.SIRI JAGAN, J.
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W.P.(C) NO. 29307 OF 2010
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Dated this the 21st day of October, 2010.
JUDGMENT
The petitioner has retired from the service of the
Corporation of Cochin on 31.5.2006. Petitioner’s grievance in
this writ petition is that the retirement benefits due to the
petitioner is not being disbursed on the ground that petitioner
had filed Ext.P7 representation before the Government of Kerala
for revision of his pension. Petitioner therefore seeks the
following reliefs:-
“i) issue a writ of mandamus or other writ, order or
direction, directing the 3rd respondent to disburse the
amount sanctioned by Ext.P6 i.e DCRG and arrears of
pension forthwith;
ii) to command the respondents to reckon the period from
4.2.1997 to 6.8.1997 also i.e. the period from the date of
effective advice to the total qualifying service for the
calculation of pension;
iii)to declare that the petitioner is entitled to get minimum
pension reckoning the service from 4.2.1997;
iv)to command the 1st respondent to consider and pass
orders on Ext.P7, within two weeks;”
2. I have heard the standing counsel for the Corporation
also. The standing counsel does not dispute the fact that
retirement benefits due to the petitioner have not been disbursed
yet. According to the standing counsel some confusion arose
W.P.(C) NO. 29307 OF 2010 2
because of Ext.P7 representation and that is why the retirement
benefits due to the petitioner have not been disbursed. I do not
think that because of Ext.P7 representation there should be any
confusion for disbursing retirement benefits due to the petitioner.
Accordingly this writ petition is disposed of with the following
directions:-
Retirement benefits due to the petitioner shall be disbursed
within two weeks from the date of receipt of a copy of this
judgment. The first respondent shall consider and pass orders on
Ext.P7 as expeditiously as possible, at any rate, within a period of
3 months from the date of receipt of copy of this judgment after
affording an opportunity of being heard to the petitioner. If the
claim of the petitioner in Ext.P7 is allowed, the retirement benefits
shall be revised and arrears paid at that time, for which the
payment of retirement benefits allowable as of now need not be
postponed.
S.SIRI JAGAN, JUDGE.
mns