Kerala High Court
Cochin Corporation vs Santhi S on 11 July, 2025
W.A.No.1573 of 2025 1 2025:KER:50583
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE SUSHRUT ARVIND DHARMADHIKARI
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
TH
FRIDAY, THE 11
DAY OF JULY 2025 / 20TH ASHADHA,
1947
WA NO. 1573 OF 2025
GAINST THE JUDGMENT DATED 04.03.2025 IN WP(C)
A
NO.4353 OF 2024 OF HIGH COURT OF KERALA
APPELLANT/3RD RESPONDENT:
OCHIN CORPORATION
C
OFFICE OF CORPORATION OF KOCHI, BOAT JETTY,
PARK AVENUE ROAD, ERNAKULAM, KOCHI, REPRESENTED
BY SECRETARY, PIN - 682011
BY ADV SRI.SOBHAN GEORGE
RESPONDENTS/PETITIONERS/RESPONDENTS 1 & 2:
1
ANTHI S
S
AGED 45 YEARS
W/O. LATE CHANDRAN, H. NO. 15/1727, RAMESWARAM
COLONY, BEACH ROAD, KOCHI, PIN - 682002
2
ATHEESH CHANDRAN
S
AGED 26 YEARS
S/O. LATE CHANDRAN, H. NO. 15/1727, RAMESWARAM
COLONY, BEACH ROAD, KOCHI, PIN - 682002
3
TATE OF KERALA
S
KERALA REPRESENTED BY SECRETARY, LOCAL SELF
W.A.No.1573 of 2025 2 2025:KER:50583
OVERNMENT DEPARTMENT GOVERNMENT SECRETARIAT,
G
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM,
PIN - 695001
4
IRECTOR, URBAN AFFAIRS
D
GOVERNMENT OF KERALA, THIRUVANANTHAPURAM,
PIN - 695033
SRI.K.P.HARISH - SR. GP
THIS
WRIT
APPEAL
HAVING BEEN
FINALLY
HEARD
ON
7.07.2025,
0 THE COURT ON
11.07.2025 DELIVERED
THE
FOLLOWING:
W.A.No.1573 of 2025 3 2025:KER:50583
JUDGMENT
Sushrut Arvind Dharmadhikari, J.
Thisappealhasbeenfiledwithadelayof43days.Havingperused
the reasons stated in the affidavit filed in support of the application to
condonedelay,wearesatisfiedthatsufficientcausehasbeenmadeout
to condone the delay. Hence, C.M Appln.No.1 of 2025 to condone the
delay is allowed.
2. Heard on the question of admission.
3. The present intra court appeal underSection5oftheKerala
High Court Act, 1958, assails the judgment dated04.03.2025passed
inW.P(C)No.4353of2024asalsotheorderdated11.04.2025passed
in R.P.No.491 of2025,wherebythelearnedSingleJudgedisposedof
the writ petition with certain directions to therespondentsthereinand
dismissed the review petition. The appellant herein is the 3rd
respondentinthewritpetition;1stand2ndrespondentshereinarethe
petitioners and 3rd and 4th respondents are the 1st and 2nd
respondents in the writ petition.
4. The brief facts of the case are thatthewritpetitionwasfiled
by respondents 1 and 2 who are the legal heirs of late R.Chandran,
W.A.No.1573 of 2025 4 2025:KER:50583
who entered into the service of the appellant-Corporation as
Sanitation Worker - Category II on 22.01.2015. Later he died in
harness on 20.08.2019. The legal heirs of late R.Chandran had filed
the writ petition praying for the following reliefs:
"i. Call for records connecting Exts.P-1 to P-5 from the
respondents concerned;
ii.IssueWritofMandamusdirectingrespondents2and3to
disburse provident fund due in the account of her husband late
Chandran to the 1st petitioner,
iii. Issue Writ of Mandamus directing the 3rd respondentto
disburse to the 1st petitioner;
a) 6 months emoluments of late Chandran as gratuity;
b) Last pay;
c) D.A.Not merged in Provident Fund;
d) d) 2014 wage revision arrears and
e) Group Insurance benefit due to late Chandran.
iv. Issue Writ of Mandamus directing the 1st respondent to
take decision for sanctioning appointment under Dying Harness
Scheme under Clause 23 (a) of Compassionate employment
Scheme, 1999 and on being sodone,directthe3rdrespondentto
give appointment to the 2nd petitioner to any contingent post in
Cochin Corporation.
v. Dispense with filing of the translation of vernacular
documents;
vi. Such other reliefs as this Hon'ble Court may deems fit
and proper;
AND
vii. Award cost to the petitioners."
5.ThelearnedSingleJudgedisposedofthewritpetitionwiththe
following directions:
"4. Despite the order passed by this Court,noaffidavithas
een filed on behalf of the Corporation and therefore, the present
b
writ petition is disposed of with direction to the 3rd respondent
Corporation to make payment of DCRG of late R.Chandran tothe
petitioners,withinaperiodoffourweeksfromtoday.Respondents1
and 2 are directed to take adecisionontheapplicationofthe2nd
W.A.No.1573 of 2025 5 2025:KER:50583
etitionerdated03.02.2022expeditiously,preferablywithinaperiod
p
of sixweeks.Withtheaforesaiddirections,thepresentwritpetition
stands finally disposed of."
6. The learned Single Judge had also passed an interim order
on 22.01.2025 to the following effect:
"Post this writ petition on 04.03.2025. In themeantime,the
overnment is directed to take decision regarding condoning the
G
delay in filing the application by the petitioners for giving
appointmentunderDyinginHarnessSchemebythe3rdrespondent
Corporation.TheGovernmentshouldalsotakeadecisionregarding
thedisbursementofDeath-Cum-Retirement-Gratuity(DCRG)tothe
petitioners by the Corporation. The affidavit of the responsible
Officermustbeonrecordbeforethenextdateofpostingofthiswrit
petition.
2. The 3rd respondent Corporation is directed to take a
decision in respect of theotherclaimsofthepetitionerswithinfour
weeks from today and fileanaffidavitregardingthedecisiontaken
regarding other claims of the petitioners."
7. The learned counsel appearing for the appellant submitted
that the learned Single Judgeerredindirectingtheappellanttomake
paymentofDCRGtothelegalheirsoflateR.Chandran.Hesubmitted
that the late R. Chandran joined the services of the appellant as a
Sanitation Worker on 22.01.2015 and that he was covered under the
NationalPensionScheme.Itisforthegovernmenttodecideregarding
theentitlementofDCRGtothelegalheirsofthelateR.Chandran.For
theabovereasons,thejudgmentofthelearnedSingleJudgedeserves
to be set aside.
8. Heard the learned counsel for the appellant.
W.A.No.1573 of 2025 6 2025:KER:50583
9. Respondents 1 and 2arethelegalheirsoflateR.Chandran.
The learned Single Judge after considering the facts and
circumstances of the case has directed the appellant to make the
payment of DCRG. The learned Single Judge hasnotcommittedany
error and accordingly we find that the learned Single Judge rightly
came to the conclusion and disposed of the writ petition with certain
directions.
In view of the above, we are not inclined to interfere with the
judgmentpassedbythelearnedSingleJudge.Thepresentwritappeal
being bereft of merit and substance is hereby dismissed at the
admission stage itself.
Sd/-
SUSHRUT ARVIND DHARMADHIKARI
JUDGE
Sd/-
SYAM KUMAR V.M.
JUDGE
MC/9.7
W.A.No.1573 of 2025 7 2025:KER:50583
APPENDIX OF WA 1573/2025
PETITIONER ANNEXURES
Annexure A1
RUE
T COPY
OF
THE
INTERIM
ORDER
DATED
10.12.2024
PASSEDBY
THE
LEARNEDSINGLE
JUDGE
Annexure A2
TRUE
COPY OF INTERIM ORDER DATED
22/01/2025
PASSEDBY
THE
LEARNEDSINGLE
JUDGE
