JUDGMENT

Dated this the 17 th day of February, 2022 The petitioner retired from the service of the second respondent, Municipality as a contingent worker (sanitation worker) on 31.05.2018. Her grievance is regarding non- payment of retirement benefits like pension, death-cum- retirement gratuity, commuted value of pension etc. The respondent Municipality has filed a statement, admitting the petitioner’s claim for retirement benefits. Paragraph 3 of the statement reads as under:

“ 3. The petitioner who retired from the services of the contingent establishment of the Aluva Municipality on 31.05.2019 as sanitation worker was sanctioned with the benefits as listed below:

a. D.C.R.G. - Rs.7,68,793/- b. Commutation - Rs.9,74,722/- c. Terminal Surrender - Rs.1,21,410/- d. D.A.Arrears - Rs.30,477/- The petitioner was sanctioned the above amounts per the verification report No.K.S.A.-A.V.M. (M-3)335/19 dated 14.08.2019 of the Kerala State Audit Department and the Municipality has released an amount of Rs.1,21,410/- towards terminal surrender as per voucher no.314229 dated 13.03.2021. The balance amount due to the petitioner is Rs.17,73,992/-”.

The solitary reason for non-payment is stated to be paucity of funds due to the prevailing pandemic situation. 2. As rightly submitted by the learned Counsel for the petitioner, whatever be the reason, the petitioner having retired after an unblemished service, the respondents are bound to pay the retirement benefits due to her. Pension is no longer a bounty to be disbursed at the whims and fancies of the employer and has acquired the status of property having protection under Article 300 (A) of the Constitution of India. Even taking into account the financial stringency being faced by the respondent Municipality, atleast portion of the retirement benefit due to the petitioner should be paid immediately.

In the result, the Writ Petition is disposed of, directing the second respondent to disburse 1/3rd of the amount due towards retirement benefits to the petitioner within two months and the balance, within six months thereafter.