LAWS(KER)-2010-12-344

SAYYED ULAMAM SHA Vs. DIRECTOR OF URBAN AFFAIRS

Decided On December 10, 2010
Sayyed Ulamam Sha Appellant
V/S
DIRECTOR OF URBAN AFFAIRS Respondents

JUDGEMENT

(1.) The petitioner is a retired employee of the 2nd respondent- Municipality. The petitioner's grievance in this writ petition is that although the petitioner retired from service on 31.3.2010, the petitioner is yet to receive his retirement benefits. The learned standing counsel for the 2nd respondent submits that the retirement benefits due to the petitioner could not be disbursed only because of financial stringency faced by the 2nd respondent-Municipality. The standing counsel seeks six months' time to pay the retirement benefits due to the petitioner.

(2.) Retirement benefits is the right of the petitioner. That cannot be withheld without proper reasons. Financial stringency cannot be accepted as a reason on its face value. Therefore, this writ petition is disposed of with the following directions: 50% of the retirement benefits due to the petitioner shall be disbursed within three weeks from today.

(3.) The balance shall be paid within three months from the date of receipt of a copy of this judgment.