IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946
WP(C) NO. 9033 OF 2024
PETITIONER:
REMESHAN.K
AGED 63 YEARS
S/O.NANU, RESIDING AT NANU NIVAS, KAVUMBHAGOM,
P.O.UMMENCHIRA, THALASSERY, THALASSERY TALUK,
KANNUR DISTRICT, PIN - 670649
BY ADV R.SURENDRAN
RESPONDENTS:
1 THE SECRETARY, THALASSERY MUNICIPALITY
THALASSERY, KANNUR DISTRICT, PIN - 670101
2 THALASSERY MUNICIPALITY
REPRESENTED BY THE SECRETARY, THALASSERY
MUNICIPALITY, THALASSERY, KANNUR DISTRICT, PIN -
670101
3 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT
DEPARTMENT OF URBAN AFFAIRS, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
4 THE DIRECTOR OF URBAN AFFAIRS
DIRECTORATE OF URBAN AFFAIRS, PUBLIC OFFICE
BUILDING, MUSEUM P.O, THIRUVANANTHAPURAM, PIN -
695033
SRI. I.V PRAMOD SC, SR GP SMT PREETHA K.K
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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2
JUDGMENT
The petitioner has approached this Court seeking the following reliefs:
"a) A Writ or order in the nature of Mandamus may be issued to the respondents No.1 and 2 to pay the retirement benefits such as balance DCRG amount of Rs. 54,390/-, balance of commutation value of pension amounting to Rs. 1,41,264/- and arrears of pay and pension and all other amounts such as arrears in Dearness Allowance, due to the petitioner with 9% interest from 1-7-2020 till the date of actual payment within such period that the honourable court may fix,
b) Directing the respondents No.1 and 2 to estimate and pay the D.A. arrears due to the petitioner since 2004 as per the G.O.(MS) No.153/2007/LSGD dated 7- 6-2007, G.O.(MS) No.200/2011/ LSGD dated 25-8- 2011, G.O.(MS) No.118/2016 LSGD dated 17-8-2016 and G.O.(MS) No.89/2021/ LSGD dated 12-8-2021 pay revision orders, with 9% interest from 1-7-2020 till the date of actual payment within such period that the honourable court may fix,
c) Directing the first respondent to revise the pay and pension in terms of the G.O.(MS)No.118/2016 LSGD
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dated 17-8-2016 and G.O.(MS)No.89/2021/LSGD dated 12-8-2021 pay revision orders, and pay the arrears of pay, pension, DCRG and dearness allowance, with 9% interest from 1-7-2020 till the date of actual payment within such period that the honourable court may fix,
d) Dispensing with English translation of exhibits in vernacular language, and
e) any other relief that the honourable court may deem fit to grant in the facts and circumstances of the case."
2. The learned Standing Counsel for the respondents 1 and 2 on instructions submits that it is because of the financial stringency that the amounts could not be paid within time. He submits that if some time is given, the entire amounts can be paid to the petitioner without delay.
3. Heard the learned counsel for the petitioner, learned Standing Counsel for respondents 1 and 2 and the learned Government Pleader.
4. The petitioner is retired from service on 30.06.2020 and he had undergone a cardio vascular surgery on 01.12.2023.
4
Taking note of the facts and circumstances of the case, this Writ Petition is disposed of directing the respondents to pay the amount of Rs.1,41,264/- being the commuted value of pension within a period of six weeks and the entire balance amounts due to the petitioner within a period of four months from today.
Sd/- BASANT BALAJI,JUDGE
lsn
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