Disposed

Daisy Mathai, v. District Collecotr, Kozhikode District

Kerala HC14 Feb 2020WP(C)/1460/2020

Case brief

AI extract

What is this about?

In this single-paragraph order dated 14.02.2020, the Petitioners, seeking benefits for their children as per government orders and representations, approached the Court. The High Court directed the Secretary, Health and Family Welfare Department, to consider the petitioners' representation and pass orders after hearing them within two months.

What did the court decide?

Direction to the 2nd respondent to consider the petitioners' representation and pass orders within two months after hearing.

Daisy Mathai, Vs District Collecotr… — Pension and Retirement Benefits | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 14TH DAY OF FEBRUARY 2020 / 25TH MAGHA, 1941

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WP(C).No.1460 OF 2020(F)

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PETITIONERS:

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1 DAISY MATHAI, AGED 49 YEARS W/O. BENNY MATHEW, PERUVELIL, 02-409, CHEMBANODA P.O. CHAKKITTAPARA CHEMBANODA VILLAGE, KOYILANDI TALUK, KOZHIKODE DISTRICT 673 528.

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2 MOLLY KUTTY, AGED 57 YEARS

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W/O. JOSE N.C. NELLARIYIL, CHEMBANODA P.O. CHAKKITTAPARA, KOYILANDI TALUK, KOZHIKODE DISTRICT PIN-673 528.

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3 MINI JAMES, AGED 43 YEARS W/O. JAMES, NATTOTH HOUSE, PILLAPERUVANNA, PERUVANNA MUZHI P.O. KOZHIKODE DISTRICT - 673 528.

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4 SUBAIDA, AGED 40 YEARS

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W/O. JOSEPH, PATTUSERI HOUSE, MUTHUKAD P.O. PERUVANNAMUZHI KOZHIKODE DISTRICT - 673 528.

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5 SREEJAYA, AGED 38 YEARS W/O. PREMRAJ, KUNNIPOYIL HOUSE, MUTHUKAD P.O. PERUVANNAMUZHI, KOZHIKODE DISTRICT - 673 528.

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BY ADV. SMT.C.R.RADHIKA

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RESPONDENTS:

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1 DISTRICT COLLECTOR, KOZHIKODE DISTRICT COLLECTORATE, CIVIL STATION, KOZHIKODE - 673 020.

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2 SECRETARY, HEALTH AND FAMILY WELFARE (G) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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WP(C).No.1460 OF 2020(F)

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3 DIRECTOR, SOCIAL WELFARE DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

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4 STATE OF KERALA REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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SMT. VINITHA B GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1460 OF 2020(F)

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JUDGMENT

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This writ petition is filed seeking the following reliefs:-

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“i. Issue a writ of mandamus, any other appropriate writ, order or direction directing the respondents to extent the benefits ordered as per Exhibit P9 to the petitioners' children as well.

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ii. Issue a writ of mandamus, any other appropriate writ, order or direction directing the 4^th respondent to give Rs.5 Lakhs each to the petitioners' children as well, in accordance with Exhibit P8 recommendation and Exhibit P9 Government Order.

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iii. Direct the 2^nd respondent to consider and dispose of the Exhibit P10 representation within a time frame as stipulated by this Hon'ble Court.”

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Heard the learned counsel for the petitioners and the learned Government Pleader.

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It is submitted by the learned counsel for the petitioners that Ext.P10 representation is preferred by the petitioners before the 2^nd respondent and the same is liable to be considered in accordance with law.

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There will, accordingly, be a direction to the 2^nd respondent to take up, consider and pass orders on Ext.P10

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WP(C).No.1460 OF 2020(F)

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representation preferred by the petitioner and to pass orders thereon, after hearing the representative of the petitioners as well, within a period of two months from the date of receipt of a copy of this judgment. A copy of the writ petition complete in all respects along with a copy of the judgment shall be produced before the 2^nd respondent for compliance.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

Bng/15.02.2020

WP(C).No.1460 OF 2020(F)

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APPENDIX

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PETITIONERS EXHIBITS:

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EXHIBIT P1	A TRUE PHOTO COPY THE DEPARTMENT OF TO THE DAUGHTER O	OF THE CERTIFICATE ISSUED BY HEALTH SERVICES ON 19.10.2013 F 1ST PETITIONER.
EXHIBIT P2	A TRUE PHOTO COPY THE DEPARTMENT OF TO THE DAUGHTER O	OF THE CERTIFICATE ISSUED BY HEALTH SERVICES ON 22.09.2010 F 2ND PETITIONER.
EXHIBIT P3	A TRUE PHOTO COPY FROM THE DEPARTME 22.09.2010 TO THE	OF THE CERTIFICATE ISSUED NT OF HEALTH SERVICES ON DAUGHTER OF 3RD PETITIONER.
EXHIBIT P4	A TRUE PHOTO COPY FROM THE DEPARTME 22.03.2014 TO THE PETITIONER.	OF THE CERTIFICATE ISSUED NT OF HEALTH SERVICES ON DAUGHTER OF THE 4TH
EXHIBIT P5	A TRUE PHOTO COPY THE MEDICAL BOARD CALICUT 07.10.200 PETITIONER.	OF THE CERTIFICATE ISSUED BY MEDICAL COLLEGE HOSPITAL, 8 TO THE DAUGHTER OF 5TH
EXHIBIT P6	A TRUE PHOTO COPY GOVERNMENT ORDER 3.4.2017.	OF RELEVANT PAGES OF THE G.O.(MS) NO. 80/2017 DATED
EXHIBIT P7	A TRUE PHOTO COPY OF THE HIGH COURT NO.40272/2018	OF THE ORDER DATED 19.08.2019 OF KERALA IN W.P(C)
EXHIBIT P8	A TRUE PHOTO COPY BY THE NATIONAL H 31.12.2010 TO THE	OF THE RECOMMENDATIONS GIVEN UMAN RIGHTS COMMISSION DATED STATE OF KERALA.
EXHIBIT P9	A TRUE PHOTO COPY 26.5.2012.	OF THE GOVERNMENT ORDER DATED
EXHIBIT P10	A TRUE PHOTO COPY 16.1.2020 SUBMITT 2ND RESPONDENT.	OF THE REPRESENTATION DATED ED BY THE PETITIONERS TO THE
EXHIBIT P11	A TRUE PHOTO COPY THE ISSUANCE OF E	OF THE POSTAL RECEIPT SHOWING XT.P10 REPRESENTATION.

Daisy Mathai, v. District Collecotr, Kozhikode District

Case brief

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Daisy Mathai, v. District Collecotr, Kozhikode District

Case brief

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