Vijayakumari vs State Of Kerala
2023 Latest Caselaw 11765 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                       WP(C) NO. 39095 OF 2016
PETITIONER:

           VIJAYAKUMARI
           AGED 58 YEARS
           D/O KOCHURAMAN, RESIDING AT REVATHY, KODUNGANOOR,
           VATTIYOORKAVU, THIRUVANANTHAPURAM.

           BY ADVS.
           SRI.P.A.AHAMMED
           SRI.THOUFEEK AHAMED

RESPONDENTS:

     1     STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT,
           HEALTH & FAMILY WELFARE (S) DEPARTMENT, SECRETARIAT,
           THIRUVANANTHAPURAM- 695 001.

    2          TRAVANCORE COCHIN MEDICAL COUNCIL
               REP. BY IT REGISTRAR, RED CROSS ROAD,
               THIRUVANANTHAPURAM- 695 035.

           SMT. PRINCY XAVIER, SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 39095 OF 2016                       2




                                            JUDGMENT

The petitioner, while working as a Lower Division Clerk in the

Travancore Cochin Medical Council, attained superannuation on

31/10/2014. Her grievance in this writ petition concerns the denial of

statutory pension and other benefits due to the petitioner. It is on these

assertions this writ petition is filed seeking the following relief:-

(i) to issue a writ of mandamus or other appropriate writ, direction or order commanding the respondents to consider Exts.P3 and P5 representations and to pay the pension benefits of petitioner without any delay in the interest of justice.

2. I have heard the learned counsel appearing for the

petitioner.

3. The learned Government pleader submitted that there is no

impediment in considering Ext P3 and Ext P5 representations.

4. Having regard to the facts and circumstances and the

submissions made across the bar, this writ petition is disposed of by

ordering as under:

a) There will be a direction to the 1st respondent to take up, consider, and pass appropriate orders on Ext. P3 and Ext. P5 after affording an opportunity of being heard to the petitioner.

b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of three months from the date of production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the Writ Petition along with the judgment before the concerned respondent for further action.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE Sru

APPENDIX OF WP(C) 39095/2016

PETITIONERS EXHIBITS EXHIBITP1 TRUE COPY OF ORDER NO.A2 1450/12/MC DATED 22-03-20123 OF THE 2ND RESPONDENT.

EXHIBITP2 TRUE COPY OF ORDER NO.A1 1450/2008/MC DATED 8-4-14 OF THE 2ND RESPONDENT.

EXHIBIT P3 TRUE COPY OF REPRESENTATION FILED BY PETITIONER BEFORE 1ST RESPONDENT DATED 15-09-2015.

EXHIBTP4 TRUE COPY OF LETTER NO.17778/S1/2015/H&FWD DATED 18-12-2015 FROM THE 1ST RESPONDENT TO 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF REPRESENTATION FILED BY PETITIONER BEFORE MINISTER FOR HEALTH DEPARTMENT DATED 30-09-2016.

EXHIBIT P6 TRUE COPY OF ORDER NO.A 233/97/MC DATED 1-3-97 OF THE 2ND RESPONDENT.