C.N. Chinnammal vs Vaikom Municipality
2021 Latest Caselaw 21761 Ker

W.P(C).22141/2021
                                       1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                    THE HONOURABLE MR. JUSTICE SUNIL THOMAS
    TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA, 1943
                            WP(C) NO. 22141 OF 2021
PETITIONER/S:

             C.N. CHINNAMMAL, AGED 79 YEARS, W/O R.VELAPPA
             CHETTIAR, KODUMTHUTHURUTHIL VEEDU, AIYERKULANGARA,
             THEKKENADA, VAIKOM P.O, KOTTAYAM DISTRICT, KERALA,
             PIN-686141.

             BY ADV ANJALI MENON



RESPONDENT/S:

1 VAIKOM MUNICIPALITY VAIKOM, KOTTAYAM-686141, REPRESENTED BY ITS SECRETARY.

2 DEPUTY DIRECTOR, KERALA STATE AUDIT DEPARTMENT, COLLECTORATE P.O, KOTTAYAM-686002.

3 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNENMENT, SECRETARIAT, THIRUVANANTHAPURAM-696001.

OTHER PRESENT:

SC,SREEKALA A.

GP V.VENUGOPAL

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).22141/2021

JUDGMENT/ORDER

Petitioner is a widow aged 79 years. Her husband retired from

service of the first respondent/Municipality as a Sweeper on 28.02.1998,

after rendering 30 years of continuous service under them. On his

retirement, husband was granted the terminal benefits as pension and

DCRG. The grievance of the petitioner is that, pension to the contingent

employees are revised periodically by the Government, usually in a span

of 5 years. Accordingly, pension payable to the contingent employees

was modified with effect from 01.07.2009. LSGD has revised pension

benefits of contingent employees by Ext.P4 order. Claiming that the

petitioner is also entitled for the benefits, petitioner has submitted Ext.P5

representation. The grievance of the petitioner is that, the amount due

to her has not been paid.

2. After hearing the learned counsel for the petitioner and the

learned Standing Counsel for the Vaikom Municipality, I am inclined to

dispose of the Writ Petition itself by directing the first

respondent/Municipality to consider Ext.P5 representation as

expeditiously as possible, at any rate, within a period of one month from

the date of receipt of a copy of this judgment. Amounts payable, if any,

shall be disbursed within a period of six months from the date of passing W.P(C).22141/2021

of that order.

Writ Petition is disposed of accordingly.

Sd/-

SUNIL THOMAS JUDGE Sbna/ W.P(C).22141/2021

APPENDIX OF WP(C) 22141/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE PHOTOCOPY OF DATE OF BIRTH ATTESTATION CERTIFICATE DATED 29.03.2016 ISSUED BY THE 1ST RESPONDENT.

Exhibit P2 THE TRUE PHOTOCOPY OF PENSION DETAILS ATTESTATION CERTIFICATE DATED 16.07.2007.

Exhibit P3 THE TRUE PHOTOCOPY OF THE DEATH CERTIFICATE DATED 02.12.2019 ISSUED BY THE 1ST RESPONDENT.

Exhibit P4 THE TRUE PHOTOCOPY OF REVISED PENSION ORDER NO. SA.OO(MS) NO.178/2017 LSGD DATED 07/09/2017 ISSUED BY THE LSGD DEPARTMENT.

Exhibit P5 THE TRUE PHOTOCOPY OF THE REPRESENTATION BEFORE THE 1ST RESPONDENT BY THE PETITIONER.

Exhibit P6 A TRUE COPY OF THE RECEIPT NO.1205/21 ISSUED BY 1ST RESPONDENT EVIDENCING SUBMISSION F EXHIBIT P5 DATED 25.01.2021.