Kerala High Court
N.K.Lathika vs The Secretary, Thalassery ... on 3 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
W.P.(C) NO.10626 OF 2024
PETITIONERS:
1 N.K.LATHIKA, AGED 60 YEARS, W/O.P.V.PUSHKARAN,
RESIDING AT PUTHANVEEDU, PUZHAKKARA, KAVUMBHAGAM.P.O.,
UMMENCHIRA, THALASSERY, KANNUR DISTRICT-670 649
2 SHYAMALA.K.K, AGED 59 YEARS,
W/O.VASUDEVAN THIRUVOTH VELLOTH, RESIDING AT THIRUVOTH
HOUSE, PULLODI, PONNIAM WEST.P.O., THALASSERY,
KANNUR DISTRICT, PIN - 670 641
3 TRESA, AGED 73 YEARS, W/O.RAJENDRAN,
RESIDING AT CHURCH COMPOUND, LOGAN ROAD, THALASSERY,
KANNUR DISTRICT, PIN - 670 101
4 RAJAN.K., AGED 68 YEARS, S/O.DAMU,
RESIDING AT SHIVAM PUTHUVAYAL, P.O.PALAYAD, ANDALLUR,
THALASSERY, KANNUR DISTRICT, PIN - 670 661
5 CHANDRASEKHARAN.V.K., AGED 70 YEARS, S/O.KRISHNAN,
RESIDING AT THIRUVONAM, PALAYAD, P.O.MELLUR,
KANNUR DISTRICT, PIN - 670661, PIN - 670 661
6 KOTTAYI RAJAN, AGED 70 YEARS, S/O.KELAPPAN,
RESIDING AT GURUKRIPA, THAZHE MALIKANDY HOUSE,
P.O.PUNNOL, THALASSERY, KANNUR DISTRICT, PIN - 670 102
7 DAISY DOMINIGO, AGED 70 YEARS, W/O.DOMINIQUE,
RESIDING AT AMBALAVALAPP, GOPALPETTA, P.O.TEMPLE GATE,
THALASSERY, KANNUR DISTRICT, PIN - 670 102
8 SREEMATHI MULLOLI, AGED 68 YEARS, W/O.K.RAVI,
RESIDING AT MULLOLI HOUSE, KUTTIMAKKOOL, THIRUVANGAD,
THALASSERY, KANNUR DISTRICT, PIN - 670 103
9 PUTHANPURAYIL ROHINI, AGED 66 YEARS,
W/O.LATE.K.K.RAJAN, RESIDING AT PUTHANPURAYIL HOUSE,
P.O.PANDAKKAL, MAHE, PONDICHERRY, PIN - 673 310
2
WPC. No. 10626/2024
10 M.PAVITHRAN, AGED 65 YEARS, S/O.NANU.V,
RESIDING AT ANUGRAH, P.O.MOOZHIKKARA, THALASSERY,
KANNUR DISTRICT, PIN - 670 103
11 VASUMATHI P.P., AGED 67 YEARS, D/O.GOVINDAN,
RESIDING AT PUTHIYAPURAYIL, KUTTIMAKKOOL,
P.O.THIRUVANGAD, THALASSERY, KANNUR, PIN-670 103
12 BALAKRISHNAN T.V., AGED 71 YEARS, S/O.MUKUNDAN,
RESIDING AT USHAS, PALAYAD, NARIVAYAL, DHARMADAM,
P.O.PALAYAD, THALASSERY, KANNUR, PIN - 670 661
13 A.RADHAKRISHNAN, AGED 72 YEARS, S/O.RAMAN,
RESIDING AT MANALVATTAM, KUNIYIL HOUSE, KALLAYITHERU,
P.O.THIRVANGAD, THALASSERY, KANNUR, PIN - 670 103
14 KAMALA V.P., AGED 76 YEARS, W/O.ACHUTHAN VELANDY,
RESIDING AT PULAPPADI HOUSE, THIRUVANGAD, THALASSERY,
KANNUR DISTRICT, PIN - 670 103
15 C.M.KARTHIYAYANI, AGED 80 YEARS, W/O.A.K.BHASKARAN,
RESIDING AT SMRITHI, KUTTIMAKKOOL, P.O.THIRUVANGAD,
THALASSERY, KANNUR DISTRICT, PIN - 670 103
BY ADV R.SURENDRAN
RESPONDENT/S:
1 THE SECRETARY, THALASSERY MUNICIPALITY,
THALASSERY, KANNUR DISTRICT, PIN - 670 101
2 THALASSERY MUNICIPALITY,
REPRESENTED BY THE SECRETARY, THALASSERY MUNICIPALITY,
THALASSERY, KANNUR DISTRICT, PIN - 670 101
3 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF URBAN AFFAIRS, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001
SRI. I.V PRAMOD, SC
SRI. TONY AUGUSTINE, GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
3
WPC. No. 10626/2024
JUDGMENT
(Dated: 3rd April, 2024)
The petitioners have approached this court seeking the following
reliefs:
a) Directing the respondents No. 1 and 2 to revise the pension of the
petitioners in accordance with Exhibit P1 to P3 and pay the arrears with 9%
interest within a specified time;
b) Directing the respondents No.1 and 2 to pay the D.A arrears due
to the petitioners as per G.O.(MS) No.153/2007/ LSGD dated 7.6.2007 and also
as per Exhibit P1 to P3 pay revision orders and pay the arrears with 9% interest,
within a specified time;
c) Dispensing with production of English translation of Exhibit P1 to
P3,
d) any other relief that the honourable High Court of Kerala may
deem fit to grant on the facts and in circumstances of the case.
2. The brief facts of the case are that the petitioners 3 to 8, and 10
to 13 were Contingent Sanitation workers in the 2nd respondent Municipality,
who retired from service on various dates. Petitioner Nos.1, 2, 9, 14, and 15
are the widows of contingent sanitation workers in the 2nd respondent
Municipality and recipients of family pensions.
3. The reliefs sought for in the writ petition are for a direction to
the respondents to pay the arrears of pension and Dearness Allowances with
interest from the respective dates on which it fell due, till the date of
payment.
4. Heard Sri.R.Surendran, learned counsel for the petitioners,
Sri.I.V.Pramod, learned standing counsel for respondents 1 and 2, and learned
Government Pleader.
5. Learned standing counsel appearing for respondents 1 and 2
submits that because of the financial constraints of the Municipality, the
arrear amounts were not paid in time.
Taking into consideration the facts and circumstances of the case, there
will be direction to respondents 1 and 2 to quantify the amount due to the
petitioners in respect of the pension revision and payment of arrears of
pension/family pension and DA arrears due to the petitioners, within a period
of two months from the date of receipt of a copy of the judgment. The
amounts due shall be disbursed within a period of one month thereafter. In
case of failure to pay the amounts within the three-month period, the
municipality will be liable to pay 6% interest on the entire balance amount,
reckoned from the respective dates of retirement of the petitioners.
Sd/-
BASANT BALAJI,
JUDGE
ss
APPENDIX OF WP(C) 10626/2024
PETITIONER EXHIBITS:
Exhibit P1 TRUE COPY OF THE G.O.(MS)NO.200/2011/LSGD
DATED 25.8.2011
Exhibit P2 TRUE COPY OF THE G.O.(MS)NO.118/2016/LSGD
DATED 17.8.2016
Exhibit P3 TRUE COPY OF THE G.O.(MS)NO.89/2021/FIN DATED
12.8.2021
Exhibit P4 TRUE COPY OF THE JUDGEMENT IN WP(C)
30439/2023 DATED 1-12-2023
