Heard the learned counsel for the petitioner and the learned Standing Counsel for respondents 1 and 2, apart from perusing the record. Since the issue lies in a narrow compass, this Court proposes to dispose of the writ petition at the admission stage itself. 2. Briefly stated, the petitioner's wife, Mrs.Elsy.K.V., while working in the second respondent Corporation, died on 24.04.2011 in harness owing to acute liver ailment. Having spent huge amounts on the treatment of his wife, the petitioner, after her death, submitted necessary applications to have the terminal benefits settled so that he could square all the debts incurred on her treatment, apart from having the necessary sustenance therefrom. The grievance of the petitioner is that despite lapse of WPC 24145/14 2 considerable time, so far the respondent authorities have not settled the terminal benefits.
3. The first and second respondents have filed statement, substantially admitting that the petitioner has to be paid ` 1,82,496/- towards DCRG and an amount of ` 76,827/- towards pension arrears. The learned Standing Counsel has also submitted that from and out of the amount due towards DCRG, an amount of ` 55,000/- has to be deducted as per the letter sent by the Branch Manager, Ernakulam Urban Co-operative Society Ltd. At any rate, it is not in dispute that the petitioner is entitled to the terminal benefits of his wife, after due deductions therefrom.
4. When queried about the delay in settling the issue, the learned Standing Counsel for the respondents has submitted paucity of funds as one of the grounds. Be that as it may, there is no gainsaying the fact that the terminal benefits of an employee cannot be withheld, much less, refused to be paid on a mere premise that the employer has WPC 24145/14 3 been facing financial crisis. It is for the persons at the helm of affairs to ensure that neither the retired employee nor their dependents suffer on account of extra legal grounds.
In the facts and circumstances, this Court disposes of the present writ petition with a direction to first and second respondents to settle the terminal benefits of the petitioner's wife and pay them to the petitioner as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment.
Dama Seshadri Naidu, Judge tkv