MEENAKSHI K. Vs. CHERTHALA MUNICIPALITY

JUDGEMENT

(1.) The appellant is the petitioner in WP (C) No. 36211 of 2009. She retired from service on 30/11/2008 while working as Sanitation Worker in the Cherthala Municipality. The writ petition was filed aggrieved by the delay in the disbursement of Death cum Retirement Gratuity (hereinafter referred to as 'the DCRG' for short) and also arrears of dearness allowance from the year 2002 onwards. By the judgment under challenge, the learned Single Judge directed payment of terminal benefits within six months with interest at the rate of 10% per annum from the date of the judgment. This writ appeal is filed claiming interest on the unpaid terminal benefits from the date of retirement.

(2.) The fact that the appellant retired from service on 30/11/2008 while working as Sanitation Worker in the Cherthala Municipality is not in dispute. It is also not in dispute that though she is being paid monthly pension, DCRG and arrears of dearness allowance from the year 2002 have not been disbursed to her. In the writ petition, the petitioner claimed the said benefit. She also prayed for payment of commuted value of pension. The respondents justified the delay in disbursement of DCRG and arrears of dearness allowance citing financial constraints as the reason. Taking note of the said submission, the learned single Judge, directed disbursement of the terminal benefits within six months, with interest at the rate of 10% per annum from the date of the judgment.

(3.) When the writ appeal came up for hearing before this Court on 16/07/2010, after hearing both sides, we passed an interim order directing payment of the sum of Rs.1,00,000/- to the appellant towards part payment of the terminal benefits due to her, on or before 31/07/2010. It is conceded before us that the said amount was disbursed to the appellant on 28/07/2010. When the writ appeal came up for further hearing on 03/08/2010, the learned standing counsel appearing for the Cherthala Municipality submitted that the amount payable to the appellant by way of arrears of dearness allowance was Rs.75,000/- and that including the said amount, a sum of Rs.2,96,366/- was payable to the appellant as on 28/07/2010. The learned counsel for the respondents submitted that DCRG and arrears of dearness allowance were not disbursed on account of paucity of funds. The learned counsel appearing for the respondents also submitted that though the appellant has applied for payment of commuted value of pension, till date a decision on the application has not been taken.