Retnaamma C vs State Of Kerala

C.S.Dias, J

The writ petition is filed seeking a direction to the second respondent to disburse the Death-Cum-Retirement Gratuity (in short 'DCRG') and other

pensionary benefits of the petitioners.

The petitioners have averred in the writ petition that they are retired contingent employees of the second respondent â€" Municipality. The

petitioners retired on 31.5.2020 and 31.3.2020, respectively. The second respondent had sanctioned monthly pension, DCRG and commutation of

pension etc., in favour of the petitioners as per Exts P1 and P2 orders. The petitioners are sick and are in dire need of money. Moreover, the present

pandemic has hit them hard. Nonetheless, the second respondent has not taken any action to disburse the pensionary benefits to the petitioners. In the

said circumstances, the petitioners have preferred Ext P4 representation before the second respondent, but there is inaction on his part. This Court in

an identical case has passed Ext P5 judgment directing the respondents to disburse the pensionary benefits within three months. The petitioners are

entitled for a similar relief. Hence the writ petition.

Heard the learned counsel appearing for the petitioners, the learned Government Pleader appearing for the first respondent and the learned

Standing Counsel appearing for the respondents 2 and 3.

This Court in Ext P5 judgment has categorically held that pension and pensionary benefits are the properties of an employee, which he earned after

rendering long period of service. The employer does not have any authority to deny the benefits or delay the payment on the ground of financial

difficulties, especially when a separate fund is maintained for payment of the terminal benefits.

In light of the above declaration of law and taking into consideration the facts and circumstances of the case and materials on record, I am of the

definite opinion that the petitioners are also entitled for an identical relief.

In the result, the writ petition is allowed by directing the second respondent to disburse the pensionary benefits to the petitioners including the DCRG,

arrears of pension, commuted value of pension and leave surrender benefits etc., within a period of three months from the date of receipt of a copy of

this judgment. It is made clear that if the above benefits are not paid within the stipulated time period, the second respondent would be liable to

compensate the petitioners by paying interest at the rate of 6% per annum on the defaulted amount from the date of retirement of the petitioners till

the date of payment.