Mary Mathai v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 26TH DAY OF NOVEMBER 2015/5TH AGRAHAYANA, 1937 WP(C).No. 30482 of 2015 (I) ---------------------------- PETITIONER:

-------------------- MARY MATHAI VELAMKUZHIYIL, POTHANIKAD, KOTHAMANGALAM ERNAKULAM 686 671 BY ADVS.SRI.B.RAGUNATHAN SRI.M.SALIM SRI.P.KARTHIKEYAN SRI.R.SRINATH SRI.V.M.JACOB RESPONDENTS:

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1. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001

2. DIRECTOR OF URBAN AFFAIRS, PUBLIC OFFICE COMPLEX, THIRUVANANTHAPURAM 695 033

3. SENIOR DEPUTY DIRECTOR, LOCAL FUND AUDIT, DISTRICT OFFICE, CIVIL STATION KAKKANAD, ERNAKULAM 682 030

4. KOTHAMANGALAM MUNICIPALITY REPRESENTED BY SECRTARY, KOTHAMANGALAM MUNICIPALITY KOTHAMANGALAM 686 691

5. SHRI K.P BABU CHAIRMAN, KOTHAMANGALAM MUNICIPALITY KOTHAMANGALAM 686 691 R4,R5 BY ADV. SRI.C.A.MAJEED, SC, KOTHAMANGALAM MUNICIPAL COUNCIL BY GOVERNMENT PLEADER SMT.M.J. RAJASHREE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 30482 of 2015 (I) ---------------------------- APPENDIX PETITIONER'S EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE LETTER DATED 12-03-2014 OF THE 3RD RESPONDENT ALONG WITH VERIFICATION REPORT REVISED CALCULATION STATEMENT SHOWING DCRG, FAMILY/RETIRING PENSIONARY BENEFITS EXHIBIT P2 T RUE COPY OF THE STATEMENT OF PENSION ARREARS DUE TO THE PETITIONER EXHIBIT P3 TRUE COPY OF THE LETTER DATED 18-08-2015 OF THE PUBLIC INFORMATION OFFICER,KOTHAMANGALAM MUNICIPALITY RESPONDENT(S)' EXHIBITS --------------------------------------- R4-A :

PHOTOCOPY OF THE LEGAL HEIRSHIP CERTIFICATE NO.A4-9069/2011 ISSUED BY THE TAHSILDAR, KOTHAMANGALAM TALUK DATED 18.05.2012 R4-B :

PHOTOCOPY OF THE SETTLEMENT ARRIVED BY THE LEGAL HEIRS OF THE DECEASED DATED 03.10.2012 R4-C :

PHOTOCOPY OF THE OFFICIAL PENSION PAYMENT ORDER DATED 07.01.2014 IN RESPECT OF THE PETITIONER //TRUE COPY// P.A. TO JUDGE JJJ

K. VINOD CHANDRAN, J.

------------------------------------------ W.P.(C) No. 30482 of 2015 (I) ------------------------------------------ Dated this the 26th day of November, 2015

J U D G M E N T

The petitioner, widow of Sri.V.J. Mathai, 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 has 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 26/11/15