Aarayi Ayyappan vs Secretary
2021 Latest Caselaw 5882 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942

                       WP(C).No.24954 OF 2020(T)


PETITIONER/S:

      1         AARAYI AYYAPPAN
                AGED 57 YEARS
                W/O. LATE AYYAPAN PALANI, DOOR NMO.137, RAMESWARAM
                COLONY, COCHIN-2

      2         RADHA,
                AGED 39 YEARS
                D/O. AYYAPPAN PALANI,DOOR NO.15/1697, RAMESWARAM
                COLONY, COCHIN-2

                BY ADVS.
                SRI.K.S.MADHUSOODANAN
                SRI.M.M.VINOD KUMAR
                SRI.P.K.RAKESH KUMAR
                SRI.K.S.MIZVER
                SRI.M.J.KIRANKUMAR

RESPONDENT:

                SECRETARY, CORPORATION OF COCHIN
                ERNAKULAM-682 011

                R1 BY ADV. SHRI.K.JANARDHANA SHENOY, SC, KOCHI
                MUNICIPAL CORPORATION

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.24954 OF 2020

                                  2




                           JUDGMENT

Dated this the 18th day of February 2021

This writ petition is filed seeking the following reliefs :-

(i) Call for records connecting Exts. P-1 to P- 4 from the respondent.

(ii) Issue Writ of Mandamus directing the respondent to disburse to the 2 nd petitioner wage revision from 01.07.2014 to 07.12.2016, grade benefits, D.A not merged in P.F. due to her father late Ayyappan Palani.

2. Heard the learned counsel for the petitioner and the

learned standing counsel appearing for the respondent

Corporation.

3. The learned counsel for the petitioner submits that

the petitioners are the widow and daughter of Ayyappan

Palani, who died while in service as a contingent employee of WP(C).No.24954 OF 2020

the Corporation in 07.12.2016. It is submitted that though

the other benefits had been paid to the petitioners, the wage

revision benefits, the grade fixation benefits and the D.A. not

merged with P.F. are still pending to be paid.

4. It is submitted that the petitioners have submitted

all due applications before the respondents and the consent

letter stating that the entire balance amounts are to be paid

to the 2nd petitioner had also been produced before the

respondents. The learned standing counsel submits that

appropriate steps to release the amounts due will be taken

without delay.

5. In the above view of the matter, there will be a

direction to the respondents to see that the wage revision

benefits, grade fixation benefits and the amount of D.A not WP(C).No.24954 OF 2020

merged with P.F. due on the death of Ayyappan Palani, who

died on 07.12.2016 shall be released to the 2nd petitioner

within a period of two months from the date of receipt of a

copy of this judgment. It is made clear that, in case, if there

is any deficiency in the application submitted by the

petitioners, the petitioners will be informed and rectified

applications will be obtained from the petitioners so that the

amounts can be released within the time as stated above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

ssa WP(C).No.24954 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 PHOTOCOPY OF THE SERVICE CERTIFICATE BEARING NO.WZH9/968/16 DATED 21.8.2017 ISSUED BY ASSISTANT HEALTH OFFICER UNDER RESPONDENT

EXHIBIT P2 PHOTOCOPY OF THE LEGAL HEIRSHIP CERTIFICATE BEARING NO.K.DIS 84/2017/H2 DATED 22.4.2017

EXHIBIT P3 PHOTOCOPY OF THE AGREEMENT DATED 11.8.2017 SIGNED BEFORE ADVOCATE NOTARY BY THE PETITIONERS AND SON-MUKESH

EXHIBIT P4 PHOTOCOPY OF THE CONSENT LETTER DATED 11.8.2017