Kerala High Court
Cochin Corporation vs Santhi S on 11 July, 2025
W.A.No.1573 of 2025 1 2025:KER:50583
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
TH
FRIDAY, THE 11
DAY OF JULY 2025 / 20TH ASHADHA,
1947
WA NO. 1573 OF 2025
GAINST THE JUDGMENT DATED 04.03.2025 IN WP(C)
A
NO.4353 OF 2024 OF HIGH COURT OF KERALA
APPELLANT/3RD RESPONDENT:
OCHIN CORPORATION C OFFICE OF CORPORATION OF KOCHI, BOAT JETTY, PARK AVENUE ROAD, ERNAKULAM, KOCHI, REPRESENTED BY SECRETARY, PIN - 682011 BY ADV SRI.SOBHAN GEORGE RESPONDENTS/PETITIONERS/RESPONDENTS 1 & 2: 1 ANTHI S S AGED 45 YEARS W/O. LATE CHANDRAN, H. NO. 15/1727, RAMESWARAM COLONY, BEACH ROAD, KOCHI, PIN - 682002 2 ATHEESH CHANDRAN S AGED 26 YEARS S/O. LATE CHANDRAN, H. NO. 15/1727, RAMESWARAM COLONY, BEACH ROAD, KOCHI, PIN - 682002 3 TATE OF KERALA S KERALA REPRESENTED BY SECRETARY, LOCAL SELF W.A.No.1573 of 2025 2 2025:KER:50583 OVERNMENT DEPARTMENT GOVERNMENT SECRETARIAT, G GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN - 695001 4 IRECTOR, URBAN AFFAIRS D GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, PIN - 695033 SRI.K.P.HARISH - SR. GP THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 7.07.2025, 0 THE COURT ON 11.07.2025 DELIVERED THE FOLLOWING: W.A.No.1573 of 2025 3 2025:KER:50583 JUDGMENT Sushrut Arvind Dharmadhikari, J. Thisappealhasbeenfiledwithadelayof43days.Havingperused the reasons stated in the affidavit filed in support of the application to condonedelay,wearesatisfiedthatsufficientcausehasbeenmadeout to condone the delay. Hence, C.M Appln.No.1 of 2025 to condone the delay is allowed. 2. Heard on the question of admission. 3. The present intra court appeal underSection5oftheKerala High Court Act, 1958, assails the judgment dated04.03.2025passed inW.P(C)No.4353of2024asalsotheorderdated11.04.2025passed in R.P.No.491 of2025,wherebythelearnedSingleJudgedisposedof the writ petition with certain directions to therespondentsthereinand dismissed the review petition. The appellant herein is the 3rd respondentinthewritpetition;1stand2ndrespondentshereinarethe petitioners and 3rd and 4th respondents are the 1st and 2nd respondents in the writ petition. 4. The brief facts of the case are thatthewritpetitionwasfiled by respondents 1 and 2 who are the legal heirs of late R.Chandran, W.A.No.1573 of 2025 4 2025:KER:50583 who entered into the service of the appellant-Corporation as Sanitation Worker - Category II on 22.01.2015. Later he died in harness on 20.08.2019. The legal heirs of late R.Chandran had filed the writ petition praying for the following reliefs: "i. Call for records connecting Exts.P-1 to P-5 from the respondents concerned; ii.IssueWritofMandamusdirectingrespondents2and3to disburse provident fund due in the account of her husband late Chandran to the 1st petitioner, iii. Issue Writ of Mandamus directing the 3rd respondentto disburse to the 1st petitioner; a) 6 months emoluments of late Chandran as gratuity; b) Last pay; c) D.A.Not merged in Provident Fund; d) d) 2014 wage revision arrears and e) Group Insurance benefit due to late Chandran. iv. Issue Writ of Mandamus directing the 1st respondent to take decision for sanctioning appointment under Dying Harness Scheme under Clause 23 (a) of Compassionate employment Scheme, 1999 and on being sodone,directthe3rdrespondentto give appointment to the 2nd petitioner to any contingent post in Cochin Corporation. v. Dispense with filing of the translation of vernacular documents; vi. Such other reliefs as this Hon'ble Court may deems fit and proper; AND vii. Award cost to the petitioners." 5.ThelearnedSingleJudgedisposedofthewritpetitionwiththe following directions: "4. Despite the order passed by this Court,noaffidavithas een filed on behalf of the Corporation and therefore, the present b writ petition is disposed of with direction to the 3rd respondent Corporation to make payment of DCRG of late R.Chandran tothe petitioners,withinaperiodoffourweeksfromtoday.Respondents1 and 2 are directed to take adecisionontheapplicationofthe2nd W.A.No.1573 of 2025 5 2025:KER:50583 etitionerdated03.02.2022expeditiously,preferablywithinaperiod p of sixweeks.Withtheaforesaiddirections,thepresentwritpetition stands finally disposed of." 6. The learned Single Judge had also passed an interim order on 22.01.2025 to the following effect: "Post this writ petition on 04.03.2025. In themeantime,the overnment is directed to take decision regarding condoning the G delay in filing the application by the petitioners for giving appointmentunderDyinginHarnessSchemebythe3rdrespondent Corporation.TheGovernmentshouldalsotakeadecisionregarding thedisbursementofDeath-Cum-Retirement-Gratuity(DCRG)tothe petitioners by the Corporation. The affidavit of the responsible Officermustbeonrecordbeforethenextdateofpostingofthiswrit petition. 2. The 3rd respondent Corporation is directed to take a decision in respect of theotherclaimsofthepetitionerswithinfour weeks from today and fileanaffidavitregardingthedecisiontaken regarding other claims of the petitioners." 7. The learned counsel appearing for the appellant submitted that the learned Single Judgeerredindirectingtheappellanttomake paymentofDCRGtothelegalheirsoflateR.Chandran.Hesubmitted that the late R. Chandran joined the services of the appellant as a Sanitation Worker on 22.01.2015 and that he was covered under the NationalPensionScheme.Itisforthegovernmenttodecideregarding theentitlementofDCRGtothelegalheirsofthelateR.Chandran.For theabovereasons,thejudgmentofthelearnedSingleJudgedeserves to be set aside. 8. Heard the learned counsel for the appellant. W.A.No.1573 of 2025 6 2025:KER:50583 9. Respondents 1 and 2arethelegalheirsoflateR.Chandran. The learned Single Judge after considering the facts and circumstances of the case has directed the appellant to make the payment of DCRG. The learned Single Judge hasnotcommittedany error and accordingly we find that the learned Single Judge rightly came to the conclusion and disposed of the writ petition with certain directions. In view of the above, we are not inclined to interfere with the judgmentpassedbythelearnedSingleJudge.Thepresentwritappeal being bereft of merit and substance is hereby dismissed at the admission stage itself. Sd/- SUSHRUT ARVIND DHARMADHIKARI JUDGE Sd/- SYAM KUMAR V.M. JUDGE MC/9.7 W.A.No.1573 of 2025 7 2025:KER:50583 APPENDIX OF WA 1573/2025 PETITIONER ANNEXURES Annexure A1 RUE T COPY OF THE INTERIM ORDER DATED 10.12.2024 PASSEDBY THE LEARNEDSINGLE JUDGE Annexure A2 TRUE COPY OF INTERIM ORDER DATED 22/01/2025 PASSEDBY THE LEARNEDSINGLE JUDGE