K. Thankamani v. The Secretary

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 28TH DAY OF SEPTEMBER 2015/6TH ASWINA, 1937 WP(C).No. 26334 of 2015 (N) ---------------------------- PETITIONER:

------------------- K. THANKAMANI, W/O.LATE V. BALAN AGED 60 YEARS RESIDING AT GAYATHRI NIVAS, AVERAPARAMBA, EDAKKAD KADALAYI POST, KANNUR -670 076, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENTS:

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1. THE SECRETARY, THALASSERY MUNICIPALITY THALASSERY, PIN -670 101, KANNUR DISTRICT.

2. THALASSERY MUNICIPALITY REPRESENTED BY THE SECRETARY THALASSERY MUNICIPALITY,THALASSERY, PIN -670 101 KANNUR DISTRICT.

3. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT DEPARTMENT OF URBAN AFFAIRS, SECRETARIAT THIRUVANANTHAPURAM-695 001.

R1 & R2 BY ADV. SRI.I.V.PRAMOD R3 BY PUBLIC PROSECUTOR SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 26334 of 2015 (N) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1 - TRUE COPY OF PROVIDENT FUND PAYMENT ORDER DATED 12.12.2011 ISSUED BY THE DIRECTOR, DEPARTMENT OF URBAN AFFAIRS, THIRUVANANTHAPURAM.

P2 - TRUE COPY OF ORDER DATED 17.7.2013 ISSUED BY THE 1ST RESPONDENT. P3 - TRUE COPY OF LEGAL HEIRSHIP CERTIFICATE DATED 29.6.2013 ISSUED BY THE TAHSILDAR, KANNUR IN FAVOUR OF THE PETITIONER AND HER CHILDREN.

P4 - TRUE COPY OF NON-REMARRIAGE CERTIFICATE DATED 11.10.2013 ISSUED BY THE VILLAGE OFFICER, EDAKKAD.

P5 - TRUE COPY OF ORDER DATED 28.10.2013 ISSUED BY THE FIRST RESPONDENT.

P6 - TRUE COPY OF APPLICATION DATED 9.6.2015 FILED BY THE PETITIONER BEFORE THE STATE PUBLIC INFORMATION OFFICER OF SECOND RESPONDENT.

P7 - TRUE COPY OF REPLY DATED 1.7.2015 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER OF SECOND RESPONDENT TO THE PETITIONER. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL //TRUE COPY// P.A. TO JUDGE JJJ

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 26334 of 2015 (N) ------------------------------------------ Dated this the 28th day of September, 2015

J U D G M E N T

The petitioner, widow of Sri.V. Balan, who was a Municipality contingent worker, seeks disbursement of retirement benefits, commutation of pension and D.A. arrears.

2.

The learned Standing Counsel appearing for the Municipality submits that the payment is not made only due to the financial stringency of the Municipality. 3.

In any event, the retired employee's widow and children have to survive and in such circumstance, the Municipality shall pay 50% of the amounts due within three months and the balance 50% shall be paid within three months thereafter.

Writ Petition is disposed of with the above direction. Sd/- K.VINOD CHANDRAN, JUDGE jjj