IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 27THDAY OF JUNE 2024 / 6TH ASHADHA, 1946
WP(C) NO. 14830 OF 2024
PETITIONER:
SATHAR.P.M
AGED 60 YEARS, S/O.MAMMU, RESIDING AT BAITHUL HUDA,
OTHAYOTH KULAM, P.O.PINARAYI, KANNUR DISTRICT,
PIN - 670741
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
OTHER PRESENT:
SC SRI. I.V PRAMOD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
1
JUDGMENT
(Dated this is the 27thday of June 2024) The petitioner has approached this Court seeking the following reliefs:
"a) Directing the respondents No.1 and 2 to pay the retirement benefits such as admitted DCRG amount of Rs. 6,75,384/- and admitted commutation value of pension amounting to Rs. 9,74,840/- and arrears of salary and D.A. with 9% interest from 1-6-2023 till the date of actual payment within such period that the honourable court may fix,
b) Directing the respondents No.1 and 2 to quantify the value of leave surrender and pay the amount with 9% interest from 1-6-2023 till the date of payment,
c) Directing the respondents No.1 and 2 to quantify 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 1-6-2023 till the date of actual payment within such period that the honourable court may fix,
d) Directing the first respondent to revise the pay and pension in terms of the 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, and pay the arrears of pay, pension, DCRG and dearness allowance, with 9% interest from 1-6-2023 till the date of actual payment within such period that the honourable court may fix."
2. The petitioner retired from the service of the 2nd respondent on 31.05.2023. He filed an application claiming retirements benefits and pension before the 2ndrespondent-
2
Municipality. The Deputy Director, Local Fund Audit, Thalassery Municipality after scrutinizing the files, forwarded a report to the 2ndrespondent, and based on the report, the 1strespondent sanctioned pension, Death cum Retirement Gratuity and commuted value of pension as per Ext.P1 order. The basic pension was fixed at Rs.20,704/- per month with applicable DA and medical allowance and a sum of Rs.6,75,384/- was sanctioned as DCRG and a sum of Rs.9,74,840/- was sanctioned as commutation pension. Though as per Ext.P1, DCRG as well as the commuted value of pension was sanctioned, but the same has not been paid till date. There are arrears in DA from 2004 payable and due to the petitioner which has not been paid to him and the petitioner has not yet received the full amount of revised salary as per G.O (MS) No.89/2021/LSGD dated 12.08.2021. The value of leave surrender of the petitioner is also yet to be calculated and paid.
3. The counsel for the respondents submits that the DCRG as well as the commuted value of pension, D.A. arrears, and arrears of pension in terms of G.O.(MS)No.89/2021/LSGD dated 12.08.2021
3
pay revision order for the period from 01.05.2023 is not paid due to financial stringency. The counsel for the respondents also submits that the amounts can be paid if some time is granted.
4. Heard Sri.R.Surendran, counsel for the petitioner, Sri.I.V.Pramod, learned Standing Counsel and learned Government Pleader.
Recording the submission made by the counsel for the respondents, the writ petition is disposed of as follows:
i) The 2ndrespondent is directed to pay the DCRG as well as the commuted value of pension to the petitioner within a period of two months from the date of receipt of a copy of this judgment, and the balance amount to be paid within a period of three months thereafter.
ii) The unpaid gratuity will carry interest at the rate of 6%, computed from the first day of the next month of retirement of the petitioner.
iii) If the amount is not paid as directed above, the
4
entire amount due will carry interest at the rate of 6%, the date from which it becomes due. The writ petition is disposed of.
Sd/-
BASANT BALAJI
JUDGE
JS
5
Comments