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2025 Supreme(Online)(Ker) 57326
IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
M.D. ROSHAN – Appellant
Versus
DIRECTOR URBAN AFFAIRS DEPARTMENT, GOVERNMENT OF KERALA – Respondent
WP(C) NO. 31541 OF 2025
For the Appellants/Petitioners: SHRI.K.S.MADHUSOODANAN, SRI.M.M.VINOD KUMAR, SRI.P.K.RAKESH KUMAR, SRI.K.S.MIZVER, SHRI.M.J.KIRANKUMAR
For the Respondents: SRI.K.B.ARUNKUMAR, SMT. K.B. SONY
Delay in disbursement of retirement benefits must not unduly burden the retired employee, even in financial constraints.
Headnote:The petitioner, retired from Cochin Corporation, seeks disbursement of terminal benefits citing financial difficulties in delay. The Corporation claims some benefits have already been paid while overseeing financial constraints. The Court ordered remaining dues to be settled within two months while permitting pension post-audit approval. The writ petition is disposed with direction to pay balance terminal benefits within stipulated time.
| Table of Content |
|---|
| 1. petitioner seeks terminal benefits. (Para 1 , 2) |
| 2. respondents argue financial difficulties. (Para 3 , 4) |
| 3. court observes delay in payment. (Para 5 , 6) |
J U D G M E N T
Dated this the 11th day of December, 2025 The petitioner, who retired from the service of Cochin Corporation as a Sanitation Worker, is before this Court seeking to direct the respondents to disburse the following amounts:-
(i) Provident Fund (ii) Pension with arrears from 01.05.2025 (iii) Commutation Value of Pension (iv) DCRG (v) 15 years 2nd Grade benefits (vi) three instalments of 2019 wage revision arrears (vii) Dearness Allowance not merged in Provident Fund and (viii) Leave Surrender.
2. The petitioner would submit that delay in payment of amount is causing considerable difficulties to the petitioner who comes from a poor family.
3. Standing Counsel entered appearance and resisted the writ petition. The Standing Counsel submitted that the Corporation is facing certain financial difficulties and the Corporation is taking all steps to disburse the terminal benefits payable to its retired employees on a priority basis after generating sufficient funds. Standing Counsel further submitted that the wage revision arrears, Leave Surrender benefits and Provident Fund dues are already paid to the petitioner.
4. I have heard the learned Counsel for the petitioner, the learned Government Pleader representing the 1st respondent and the learned Standing Counsel representing the 2nd respondent.
5. It is not disputed that the Provident Fund dues, wage revision arrears and Leave Surrender benefits have been paid to the petitioner. The petitioner retired from service on superannuation on 30.04.2025. Almost eight months have lapsed. As the petitioner has rendered service from 2007 to 2025, his terminal benefits cannot be delayed unduly even if the Corporation is facing financial difficulties.
6. Standing Counsel for the Corporation would submit that pension can be sanctioned and paid to the petitioner only after getting clearance from the State Audit Department.
Considering the afore facts, the writ petition is disposed of directing the respondents to pay the balance terminal benefits payable to the petitioner, including Commuted Value of Pension, DCRG, 2nd Grade benefits and the Dearness Allowance not merged in Provident Fund, within a period of two months. The petitioner shall also be paid pension within the said period subject to getting approval from the Audit Department.
