Kerala High Court
K.J. Mary vs State Of Kerala on 5 September, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
2024:KER:67617
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024/14TH BHADRA, 1946
WP(C) NO. 20435 OF 2024
PETITIONERS:
1 K.J. MARY
AGED 68 YEARS
W/O. THOMAS MATHEW, RAMACHANATTU HOUSE,
KADAPLAMATTOM P.O., KOTTAYAM DISTRICT,
PIN - 686571
2 T.J. JOSE
AGED 69 YEARS
S/O. JOSEPH, KOCHU KAROTTU HOUSE,
MUTHOLI P.O., KOTTAYAM DISTRICT,
PIN - 686573
3 C.D. REMANI
AGED 64 YEARS
D/O. DIVAKARAN, ANJATHARA HOUSE,
THANNEERMUKKOM P.O., CHERTHALA,
ALAPPUZHA DISTRICT, PIN - 688527
4 T.N. INDIRA
AGED 68 YEARS
D/O. NARAYANAN, THUNDATHIL HOUSE,
VELLAPPADU, PALA P.O., KOTTAYAM DISTRICT,
PIN - 686575
5 N. RAVI
AGED 68 YEARS
S/O. KUNJAPPAN, PULICKAKANDATHIL HOUSE,
VELLAPPADU, PALA P.O., KOTTAYAM DISTRICT,
PIN - 686575
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WP(C) NO. 20435 of 2024
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BY ADVS.
V.N.HARIDAS
SAIFUDEEN T.S
B.SHAMEERA
NIMISHAMOL SASIDHARAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
LOCAL SELF GOVERNMENT DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 PALA MUNICIPALITY
REPRESENTED BY ITS SECRETARY,
PALA MUNICIPAL OFFICE, PALA P.O.,
KOTTAYAM DISTRICT, PIN - 686575
3 THE SECRETARY
PALA MUNICIPALITY, PALA MUNICIPAL OFFICE,
PALA P.O., KOTTAYAM DISTRICT, PIN - 686575
BY ADV
SRI.DHEERAJ, GOVERNMENT PLEADER
SRI.SUJITH MATHEW JOSE, STANDING COUNSEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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WP(C) NO. 20435 of 2024
3
JUDGMENT
Dated this the 5th day of September, 2024
The petitioners retired as contingent workers from the
2nd respondent-Municipality. The grievance of the petitioners
is that the arrears of Pension Revision and Dearness
Allowance are not so far disbursed to them.
2. A statement has been filed by the
3rd respondent showing the details of the amounts due to the
petitioners towards arrears of pension and Dearness
Allowance.
3. The learned counsel for the petitioners
submits that the amounts referred to in the statement are not
correct and the DCRG in respect of the 3 rd petitioner, though
sanctioned, is not disbursed.
4. Heard the learned counsel for the petitioners,
the learned Government Pleader representing the
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1st respondent and the learned Standing Counsel representing
respondents 2 and 3.
5. The 3rd respondent shall issue notice to the
petitioners and hear them as regards the terminal benefits due
to them, within a period of one month from the date of receipt
of a copy of this judgment. The amounts so computed shall
be intimated to the petitioners within a period of two weeks
therefrom and the amounts shall be disbursed to them in six
equal monthly instalments commencing from 01.11.2024.
The writ petition is disposed of as above.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
spk
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WP(C) NO. 20435 of 2024
APPENDIX OF WP(C) 20435/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE STATEMENT ISSUED BY
THE SENIOR DEPUTY DIRECTOR, LOCAL FUND
AUDIT, KOTTAYAM TO THE 1ST PETITIONER
WITH RESPECT TO THE PENSION DETAILS
DATED 08.08.2016
Exhibit P2 A TRUE COPY OF THE STATEMENT ISSUED BY
THE SENIOR DEPUTY DIRECTOR, LOCAL FUND
AUDIT, KOTTAYAM TO THE 2ND PETITIONER
WITH RESPECT TO THE PENSION DETAILS
DATED 27.12.2014
Exhibit P3 A TRUE COPY OF THE STATEMENT ISSUED TO
THE 3RD PETITIONER BY THE SENIOR
DEPUTY DIRECTOR, LOCAL FUND AUDIT,
KOTTAYAM WITH RESPECT TO THE PENSION
DETAILS DATED 13.03.2020 WITH LEGIBLE
TYPED COPY OF P3
Exhibit P4 A TRUE COPY OF THE STATEMENT ISSUED BY
THE SENIOR DEPUTY DIRECTOR, LOCAL FUND
AUDIT, KOTTAYAM, TO THE 4TH PETITIONER
WITH RESPECT TO THE PENSION DETAILS
DATED 10.08.2015
Exhibit P5 A TRUE COPY OF THE STATEMENT ISSUED BY
THE SENIOR DEPUTY DIRECTOR, LOCAL FUND
AUDIT, KOTTAYAM TO THE 5TH PETITIONER
WITH RESPECT TO THE PENSION DETAILS
DATED 30.03.2016
Exhibit P6 A TRUE COPY OF THE GOVERNMENT ORDER
BEARING NUMBER G.O. (PRINT)
NO.168/2021/FIN. DATED 08.12.2021
REVISING THE PENSION OF THE CONTINGENT
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WP(C) NO. 20435 of 2024
STAFF IN THE MUNICIPAL/CORPORATION
SERVICE
Exhibit P7 A TRUE COPY OF THE GOVERNMENT ORDER
BEARING NUMBER G.O.(P) NO.44/2019/FIN.
DATED 04.04.2019 REVISING THE DEARNESS
ALLOWANCE OF THE STAFF
Exhibit P8 A TRUE COPY OF THE GOVERNMENT ORDER
BEARING NUMBER G.O.(P) NO.25/2021/FIN.
DATED 08.02.2021 REVISING THE DEARNESS
ALLOWANCE OF THE EMPLOYEES INCLUDING
CONTINGENT STAFF
Exhibit P9 A TRUE COPY OF THE ARREAR STATEMENT
TOWARDS PENSION REVISION DUES AND
DEARNESS RELIEF ARREARS WITH RESPECT
TO THE PETITIONERS, DATED NIL
Exhibit P10 A TRUE COPY OF THE JUDGMENT DATED
01.11.2023 IN WP(C) NO.27444/2023 OF
THIS HON'BLE COURT
RESPONDENT ANNEXURES
Annexure R3(a) TRUE COPY OF GO(P) 21/2024/FIN DATED
15.03.2024
