In a writ petition under Article 226 of the Constitution of India, the court granted family pensioners chronologically relief against the respondents due to the grant of dearness relief to similarly placed pensioners.
Direction to extend the benefit of dearness relief to the petitioners within three months
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.K.DENESAN
MONDAY, THE 19TH MARCH 2007 / 28TH PHALGUNA 1928
WP(C).No. 5478 of 2006(B)
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PETITIONER:
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T.V. RAMANI, AGED 59 YEARS, (W/O. LATE MR.C.A. THNKAPPAN, DEPUTY TRAFFIC MANAGER, PORTAGE DIVISION, COCHIN PORT TRUST) ASSISTANT INS VENDURUTHY, HEAD QUARTERS, SOUTHERN NAVAL COMMAND, NAVAL BASE, COCHIN.
BY ADV. SRI.S.RADHAKRISHNAN
RESPONDENTS:
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1. COCHIN PORT TRUST REPRESENTED BY THE SECRETARY, COCHIN PORT TRUST PORT TRUST BUILDING, COCHIN.
2. THE GOVERNMENT OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF SHIPPING ROAD TRANSPORT AND HIGHWAYS, DEPARTMENT OF SHIPPING (PORT WING), TRANSPORT BHAVAN, NEW DELHI.
BY ADV. SRI.M.K.SUCHEENDRAN, ADDL.CGSC SRI.A.M.SHAFFIQUE SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.B.S.KRISHNAN SRI.JOHN VARGHESE, ASST.S.G.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2007 ALONG WITH WPC.NO.15843 OF 2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC.NO.5478/2006 B
APPENDIX
PETITIONER'S EXHIBITS:
/TRUE COPY/
KSS
K.K. DENESAN, J.
= = = = = = = = = = = = = = = = = W.P.(C) Nos.5478 & 15843 OF 2006 = = = = = = = = = = = = = = = = = =
Dated this the 19th March, 2007
J U D G M E N T
The petitioners are family pensioners seeking
reliefs against the respondents consequent on the grant of dearness relief to similarly situated pensioners. Ext. P9 minutes of Meeting No.4 of 2006-07 of the Board of Trustees of the 1st respondent held on 18-12-2006 produced in W.P.(C) No. 5478 of 2006 contains inter
alia a resolution passed as reproduced below:
“61. The Board, after detailed discussions and considering the legal position, resolved to extend the benefit of dearness relief as per the Judgment in O.P. No. 1968/1994 to all the similarly placed family pensioners, as detailed in the Board Note, and authorized the Chairman to apprise the position appropriately to the Ministry for formal orders and reconciliation.”
prior occasions, this Court wanted to know the time required for implementing the above decision. Shri.
Jayasankar Nambiar, learned counsel for the 1st respondent, on instruction, submits that the reliefs contemplated under Agenda No. 61 above, will be implemented in favour of those who are covered by the
WPC Nos.5478 & 15843 /2006 -2-
said resolution within a period of 3 months. It is not disputed that the petitioners are such kind of family pensioners who will come within the purview of the above quoted resolution and are eligible for dearness relief.
The writ petitions are disposed of as above.
K.K. DENESAN JUDGE
jan/
1 issue framed by the court
Whether family pensioners are entitled to the benefit of dearness relief granted to similarly situated pensioners for a period of three months.
2 provisions across 2 enactments
T.V. Ramani
Cochin Port Trust
Government of India
K.K.Denekan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
