Rasiya C vs State Of Kerala
2021 Latest Caselaw 6733 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA, 1942

                       WP(C).No.3220 OF 2021(B)


PETITIONER:

               RASIYA C
               AGED 45 YEARS
               (WIFE OF LATE P.P.MOHAMMEDALI, OPERATOR,
               KERALA WATER AUTHORITY, PH DIVISION, MALAPPURAM,
               EXPIRED ON 09.10.2012) RESIDING AT PALAMPADIYAN
               HOUSE, CHEMMANKADAVU CHOLAKKAL, KODUR (PO),
               MALAPPURAM, PIN 676 504.

               BY ADV. SHRI.K.P.RAJEEVAN

RESPONDENTS:

      1        STATE OF KERALA
               REP.BY ITS SECRETARY,
               WATER RESOURCES (WATER SUPPLY - C) DEPARTMENT,
               SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001.

      2        KERALA WATER AUTHORITY
               REP.BY ITS MANAGING DIRECTOR, JALA BHAVAN,
               THIRUVANANTHAPURAM, PIN 695 033.

      3        FINANCE MANAGER AND CHIEF ACCOUNTS OFFICER
               KERALA WATER AUTHORITY, JALA BHAVAN,
               THIRUVANANTHAPURAM, PIN 695 033.

      4        ACCOUNTS OFFICER
               ESTABLISHMENT (PENSION), KERALA WATER AUTHORITY,
               JALA BHAVAN, THIRUVANANTHAPURAM, PIN 695 033.

      5        THE EXECUTIVE ENGINEER
               KERALA WATER AUTHORITY, P.H. DIVISION,
               MALAPPURAM, PIN 676 505.

      6        THE ASSISTANT EXECUTIVE ENGINEER
               KERALA WATER AUTHORITY, P.H. DIVISION,
               MALAPPURAM, PIN 676 505.

      7        THE ASSISTANT ENGINEER
               KERALA WATER AUTHORITY, P.H. DIVISION,
               MALAPPURAM, PIN 676 505.
 WP(C).No.3220 OF 2021

                                2

       8      THE SUPERINTENDING ENGINEER
              P.H.CIRLE, KERALA WATER AUTHORITY,
              MALAPPURAM, PIN 676 505.

              R2-8 BY ADV. SMT.MARY BENJEMIN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3220 OF 2021

                                          3



                                  JUDGMENT

Dated this the 25th day of February 2021

This writ petition is filed seeking the following reliefs :-

"i) Call for the records leading to this case and issue a writ of mandamus directing the respondents to revise the family pension sanctioned to the petitioner by reckoning the qualifying service from 30.07.1987 and disburse the consequential benefits to the petitioner immediately.

ii) Issue a writ of mandamus directing the respondents to sanction time bound higher grade promotions reckoning the service from 30.07.1987 to the expired employee with retrospective effect in the light of Exhibits P2 and P3 and disburse arrears of salary to the petitioner immediately."

2. Heard the learned counsel for the petitioner and the learned

standing counsel appearing for the Kerala Water Authority.

3. It is submitted by the learned counsel for the petitioner that the

petitioner is the widow of late Sri.P. P. Mohammedali, who passed

away on 09.10.2012. She is receiving the family pension due after the

demise of her husband. It is stated that the petitioner's late husband

was entitled to benefits of higher grade promotions which were

granted to him with retrospective effect. It is submitted that, on the

ground that the service book of the deceased husband of the WP(C).No.3220 OF 2021

petitioner is not traceable, the amounts have not been sanctioned and

released to the petitioner. It is submitted that directions have been

issued by the appropriate authorities for re-constitution of the service

book, but no steps have been taken thereon so far.

4. The learned standing counsel appearing for the respondents

would submit that in case the petitioner approaches the 2 nd

respondent with a proper representation, the 2nd respondent shall

consider the issue and take appropriate steps to see that the grievance

of the petitioner is redressed.

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

case the petitioner approaches the 2 nd respondent with a proper

representation seeking disbursal of amounts due to the petitioner's

husband, the 2nd respondent shall take up the said representation and

pass appropriate orders thereon to see that all necessary steps,

including re-constitution of the service book, are completed and the

amounts due are released to the petitioner. In case the representation

is preferred within 10 days from today, the 2 nd respondent shall pass

orders thereon and issue appropriate directions to see that the WP(C).No.3220 OF 2021

grievance of the petitioner is redressed within a period of 2 months

thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.3220 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF COVERING PAGE AND DATA INPUT SHEET - PART I OF THE PENSION BOOK OF THE PETITIONER.

EXHIBIT P2 A TRUE COPY OF GOVERNMENT ORDER G.O.(MS) NO.6/16/WRD DATED 21.1.2016

EXHIBIT P3 A TRUE COPY OF ORDER NO.KWA/JB/E2-7333/1999 DTD. 17.4.2006 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P4 A TRUE COPY OF LETTER AB5/1631/2013 DATED 15.10.2018 SENT BY THE 5TH RESPONDENT TO THE 3RD RESPONDENT.

EXHIBIT P5 A TRUE COPY OF LETTER NO.KWA/AO(ESTT)/ PEN.7860/2012/8645 DATED 17.11.2018 SENT BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT

EXHIBIT P6 A TRUE COPY OF REPRESENTATION DATED 21.3.2019 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P7 A TRUE COPY OF LETTER NO.KWA/AO(ESTT)/ PEN.7806/2012/9827 DATED 13.5.2019 SENT BY THE 3RD RESPONDENT TO THE EXECUTIVE ENGINEER, QUALITY CONTROL DIVISION, KOZHIKODE.

EXHIBIT P8 A TRUE COPY OF LETTER NO.1631/2013/AB5 DATED 23.11.2019 SENT BY THE 5TH RESPONDENT TO THE PETITIONER.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 28.11.2020 SUBMITTED BY THE PETITIONER BEFORE THE 8TH RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL