A widow of a retired bank employee filed a writ petition claiming ex-gratia consideration under a government scheme. The court held that daily wage employment cannot count towards the required 20 years of continuous regular service and dismissed the petition.
The writ petition was dismissed without any costs.
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.VINOD CHANDRAN
THURSDAY, THE 28TH DAY OF JANUARY 2016/8TH MAGHA, 1937
WP(C).No. 3434 of 2015 (D)
PETITIONER:
THANKAMMA AGED 91 YEARS W/O.LATE K.SIVARAMA PILLAI, THAYYILCHIRAYIL MANNAMCHERY.P.O., ALAPPUZHA DISTRICT FROM PALLIVEEDU KAKKAZHOM.P.O., ALAPPUZHA.
BY ADVS.SRI.S.SANAL KUMAR
SMT.BHAVANA VELAYUDHAN SMT.T.J.SEEMA
RESPONDENTS:
1. THE CHAIRMAN AND MANAGING DIRECTOR HUMAN RESOURCES MANAGEMENT DEPARTMENT, INDIAN BANK H.O. 66, RAJAJI SALAI, CHENNAI-600 001.
2. THE CHIEF MANAGER
3. UNION OF INDIA
R3 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R2 BY ADV. SRI.S.EASWARAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3434 of 2015 (D)
APPENDIX
PETITIONER'S EXHIBITS
RESPONDENTS' EXHIBITS
//TRUE COPY//
P.A. TO JUDGE
JJJ
K. VINOD CHANDRAN, J.
W.P.(C) No. 3434 of 2015 (D)
Dated this the 28th day of January, 2016
J U D G M E N T
The petitioner, a 91 year old widow and issue less, claims consideration under Annexure R1(a) scheme introduced by the Government of India approving grant of ex-gratia to surviving widows of pre-1.1.1986 retirees, provided that the employee had rendered at least 20 years of continuous service prior to their superannuation. The petitioner's husband is said to have joined the service of the Bank on 23.3.1961 and retired on 20.11.1978. The petitioner's husband fell short of the condition of 20 years continuous service. The petitioner contends that the petitioner's husband was working as a daily wage employee prior to 23.03.1961 for about 4 years.
W.P.(C) No. 3434/2015
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wage employment cannot be counted since what is required is 20 years continuous regular service prior to the superannuation. Further, it is also to be noticed that there is nothing to substantiate the contention of daily wage employment.
The writ petition, hence, would stand dismissed.
No Costs.
Sd/K.VINOD CHANDRAN, JUDGE
jjj 29/1/16
1 issue framed by the court
Whether daily wage employment prior to joining service can be counted towards the 20 years continuous service condition for ex-gratia to surviving widows.
THANKAMMA
THE CHAIRMAN AND MANAGING DIRECTOR HUMAN RESOURCES MANAGEMENT DEPARTMENT, INDIAN BANK H.O. 66, RAJAJI SALAI, CHENNAI
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
