IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31568 of 2008(G)
1. SMT.ROSAMMA CHACKO, RETD. SANITATION
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. THE DIRECTOR OF MUNICIPALITIES,
3. THE SECRETARY, CHENGANNUR MUNICIPALITY,
For Petitioner :SRI.IYPE JOSEPH
For Respondent :SRI.S.HARIKRISHNAN, SC, MC, CHENGANNUR
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :01/12/2008
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) Nos.31534 & 31568 of 2008
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Dated this the 1st December, 2008.
J U D G M E N T
The petitioner in W.P.(C) No.31534 of 2008 retired
from service on 31.5.2007, while she was working as Sweeper in
the Chengannur Municipality. The petitioner in W.P.(C) No.31568
of 2008 retired from service on 30.9.2007 while working as
Sanitation Worker in the Chengannur Municipality. By Ext.P1
order passed on 12.9.2007, the Secretary of the Chengannur
Municipality sanctioned the terminal benefits payable to them.
The petitioners submit that though more than one year has
passed thereafter, the terminal benefits has not so far been
disbursed.
2. Sri.S.Harikrishnan, the learned counsel
appearing for the Chengannur Municipality submits that payment
of the terminal benefits sanctioned as per Ext.P1 will be made
within four months from today. Sri.Iype Joseph, the learned
W.P.(C) No.31534 & 31568 of 2008
2
counsel appearing for the petitioners submits that as the
pensionary benefits have been sanctioned more than one year
back, the Municipality cannot withhold payment even for a day.
Ext.P1 discloses that way back on 12.9.2007, the terminal
benefits were sanctioned to them. No reasons, other than want
of sufficient funds, was brought to my notice for non payment of
pensionary benefits. In my opinion, the Municipality cannot plead
want of funds at its disposal to deny the petitioners the terminal
benefits sanctioned to them.
In these circumstances, I dispose of the Writ
Petitions directing the Secretary, Chengannur Municipality, to
disburse to the petitioners the terminal benefits sanctioned to
them on or before 31.1.2009. If payment as directed above is
not made within the time stipulated, the petitioners will be
entitled to interest at the rate of 7.5% per annum from today till
the date of payment.
P.N.RAVINDRAN,
JUDGE
nj.