Kunjumol vs State Of Kerala
2022 Latest Caselaw 10350 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
                        WP(C) NO. 31735 OF 2022
PETITIONER:

            KUNJUMOL
            AGED 66 YEARS
            W/O.LATE RAJAN, RETIRED SANITATION WORKER,
            CHALAKKUDY MUNICIPALITY, THATTIL HOUSE,
            NEAR ST.MARY'S CHURCH, CHALAKKUDY P.O.,
            THRISSUR - 680 307.
            BY ADVS.
            S.PRASANTH (AYYAPPANKAVU)
            VARSHA BHASKAR
            THRESSY THOMAS
            ANUPAMA SIBI
RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY THE SECRETARY, DEPARTMENT OF LOCAL SELF
            GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
    2       CHALAKKUDY MUNICIPALITY
            REP. BY SECRETARY, MUNICIPAL OFFICE,
            CHALAKKUDY P.O., THRISSUR - 680 307.
    3       DIRECTOR
            KERALA STATE AUDIT DEPARTMENT,
            THIRUVANANTHAPURAM - 695 001.
            SRI.T.K.SHAJAHAN, SR.GP
            SRI.SHEEJO CHACKO, SC
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 31735 OF 2022

                                       2




                                JUDGMENT

Dated this the 7th day of October, 2022

This writ petition is filed seeking the following prayers:

"(i) To issue a writ of certiorari or any other appropriate writ or order setting aside Ext.P8.

(ii) To issue a writ of mandamus or any other appropriate writ or order directing the 2nd respondent to provide the accurate calculations for disbursing the payment and pensionary benefits with interest @ 9%.

(iii) To issue a writ of mandamus or any other appropriate writ or order directing the 2nd and 3rd respondents to disburse all eligible pay benefits and pensionary benefits with interest @ 9% to the petitioner.

(iv) To issue a writ of mandamus or any other appropriate writ or order directing the 2nd respondent to consider and pass order on Ext.P10 representation."

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

Government Pleader as well as the learned standing counsel appearing

for the Municipality.

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

petitioner had been kept under suspension by the respondents on

27.07.2000 and she was reinstated pursuant to acquittal by a criminal

court only on 08.02.2011. It is submitted that the monetary benefits due WP(C) NO. 31735 OF 2022

to the petitioner had been calculated and disbursed to her. However, the

petitioner had certain complaints with regard to the calculations and

had therefore approached the Municipality with Ext.P10 representation

and seeks a consideration of the same.

4. The learned standing counsel appearing for the Municipality

submits that Ext.P8 proceedings, by which the petitioner was intimated

of the amounts due to her, was on 11.06.2019 and that Ext.P10

representation is filed only on 05.02.2022.

5. The learned counsel for the petitioner submits that the petitioner

had approached the Municipality earlier which had led to Ext.P9 reply

under the Right to Information Act and that the petitioner, being a

Sanitation Worker, was disabled from making the complaints earlier

due to the Covid-19 pandemic as well.

6. Having considered the contentions advanced and in view of the

fact that the petitioner has approached the respondents with Ext.P10

representation, I am of the opinion that the same is liable to be

considered and a speaking order passed by the respondents. There will,

accordingly, be a direction to the 2 nd respondent to take up Ext.P10 WP(C) NO. 31735 OF 2022

representation submitted by the petitioner and to consider and pass

orders on the same, with notice to the petitioner as well, within a period

of two months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 31735 OF 2022

APPENDIX OF WP(C) 31735/2022

PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER NO.H2-7727/2000 ISSUED BY THE 2ND RESPONDENT DATED 8/2/2011. Exhibit P2 A TRUE COPY OF THE ORDER NO.A2-8268/12 DATED 17/08/2012 ISSUED BY THE 2ND RESPONDENT TO THE RECOVER THE SUBSISTENCE ALLOWANCE PROVIDED TO THE PETITIONER FROM 27/7/2000 TO 7/2/2011 AND TO TREAT THE PERIOD AS LEAVE WITHOUT SALARY.

Exhibit P3 A TRUE COPY OF THE INTERIM ORDER IN WP(C) 30207/2012 DATED 20/10/2016.

Exhibit P4 A TRUE COPY OF THE DECISION NO.H2-7727/2000 OF THE COUNCIL MEETING OF THE 2ND RESPONDENT, HELD ON 03/03/2017.

Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 1/8/2018 IN WP(C) 30207/2012.

Exhibit P6 A TRUE COPY OF THE ORDER NO.H2-7727/2000 OF PROCEEDINGS OF THE 2ND RESPONDENT DATED 14/3/2019.

Exhibit P7 A TRUE COPY OF THE LETTER NO.KSITSR (PEN 4) 671/19 SENT BY THE 3RD RESPONDENT TO THE CHALAKKUDY MUNICIPALITY DATED 6/6/2019. Exhibit P8 A TRUE COPY OF THE LETTER NO.H4-5798/2013 ISSUED BY THE SECRETARY OF CHALAKKUDY MUNICIPALITY TO THE PETITIONER DATED 11/6/2019.

Exhibit P9 A TRUE COPY OF THE RTI REPLY NO.H2-4634/21 DATED 12/3/2021 SENT BY THE PUBLIC INFORMATION OFFICER, MUNICIPAL OFFICE, CHALAKKUDY.

Exhibit P10 A TRUE COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE 2ND RESPONDENT DATED 5/2/2022.

Exhibit P11 A TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT ISSUED BY THE 2ND RESPONDENT.

RESPONDENTS' EXHIBITS: NIL