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Judgment
Antony Dominic, J.—Petitioner retired as Assistant Executive Engineer from the 3rdrespondent Municipality on 31.3.2007. His grievance is regarding the inordinate delay in payment of DCRG and other terminal benefits.
Municipality had filed a statement detailing its financial constraints and submitting that, in any case the payments will be made within 10 months. On the other hand counsel for the petitioner, explaining his financial difficulties seeks an order for immediate payment.
Although it is true that pursuant to the interim order of this Court, Municipality has already paid Rs. 1 lakh to the petitioner. Municipality admits that the balance amount is still due. The amount claimed being terminal benefits, Municipality cannot avoid payment of the dues. At the same time this Court cannot forget the financial constrains of the Municipality also. In order to reconcile the conflicting claims, it is directed that the amount due to the petitioner shall be paid within six months from today.
It is pointed out that the 2nd respondent has fixed a liability of Rs. 1,56,090/- on the petitioner and that this amount is to be recovered from the DCRG due . According to the petitioner this liability was fixed without notice. Having regard to the above, it is clarified that it will be open to the petitioner to move the 2nd respondent, disputing the liability so fixed, in which event second respondent shall consider the contentions of the petitioner and pass appropriate orders in the matter.
Writ petition is disposed of as above.