K.R. Karthikeyan vs Director of Urban Affairs

P.N. Ravindran, J.—The petitioner is a former employee of Changanachery Municipality. He was initially appointed as CLR Worker on 1.12.1971. He was absorbed as NMR Worker on 1.12.1979 and he retired from service while he was working as NMR Worker on 30.9.2012. After his retirement the Secretary of Changanachery Municipality issued proceedings dated 30.10.2012 sanctioning him a monthly pension of Rs.4,095/- (before commutation) with effect from 1.10.2012, Rs.3,22,575/- towards gratuity and Rs.1,92,826/- towards commuted value of pension. Later, pursuant to the revision of pay the pensionary benefits were revised by Ext.P6 proceedings dated 23.11.2013. By that order the monthly pension was revised to Rs.8,828/- (before commutation), the DCRG was enhanced to Rs.4,24,314/- and commuted value of pension was enhanced to Rs.4,15,670/-. The instant writ petition was filed in the interregnum on 7.6.2013 complaining about the delay in payment of the retirement benefits sanctioned as per Ext.P3.

When the writ petition came up for final hearing today, learned counsel on both sides submitted that the commuted value of pension sanctioned as per Ext.P6 has since been disbursed to the petitioner in full and the sum of Rs.2,10,000/- was also disbursed to the petitioner towards DCRG. Learned counsel appearing for the petitioner submitted that as on today the petitioner is entitled to receive the sum of Rs.2,14,314/- towards DCRG, Rs.76,819/- towards arrears of Dearness Allowance, Rs.58,390/- towards leave surrender benefits and also arrears of revised pension on the terms of Ext.P6 proceedings for the period from 1.9.2012 to 1.11.2013 along with DA arrears at the revised rates.

Sri. M.P. Ashok Kumar, learned standing counsel appearing for Changanachery Municipality submitted that the balance retirement benefits payable to the petitioner will be disbursed within three months from today and that the Municipality is not in a position to disburse the entire amount due in lump on account of financial crisis. In the light of the aforesaid submission and having regard to the fact that a substantial portion of the terminal benefits has already been disbursed to the petitioner, I dispose of the writ petition with a direction to the respondents to disburse the balance terminal benefits due to the petitioner, including DA arrears, leave surrender benefits and arrears of pension, expeditiously and in any event within an outer limit of three months from today. In the event of failure on the part of the respondents to disburse the balance amount of DCRG within the said period of three months, the petitioner will be entitled to interest @ 7.5% per annum on the unpaid portion of the DCRG from this date onwards till the date of payment.