JUDGMENT

In these two writ petitions, the petitioners are retired employees of the Municipal Common Service, who have opted for receiving retirement benefits through the Aluva Municipality. The petitioners' grievance is that the retirement benefits due to the petitioners have not been released yet. The stand of the Municipality is that, although the entitlement of the petitioners for receiving the retirement benefits is not disputed, the money for the same should come from the Director of Urban Affairs, who is the other respondent in the writ petitions. They particularly rely on Rules 9, 10 and 11 of the Kerala Municipality (Employees Death-Cum-Retirement Benefit) Rules, 1996, in support of their contention. They submit that, as per those Rules, the Director of Urban Affairs has to forward the DDs for payment of retirement benefits due to the petitioners and the duty of the Municipality is only to disburse the same. According to the Municipality, they W.P.(C)No.14605 /12& Con.case 2 are yet to receive the DDs in respect of the petitioners and that is why the Municipality could not pay the amount.

2. The stand of the Director of Urban Affairs in the matter is that, for payment of reti