Partly allowed

Sheela C., v. State of Kerala

Kerala HC19 Feb 2021WP(C)/1456/2021

Case brief

AI extract

What is this about?

The High Court directed the State and Panchayat authorities to release widow pension arrears covered by the period October 2016 to July 2018 within three months, reserving the petitioner's claim for subsequent periods for further consideration.

What did the court decide?

Directed Respondents 1 and 2 to release widow pension arrears for the period October 2016 to July 2018 within three months from the date of receipt of this judgment.

Sheela C., Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942

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WP(C).No.1456 OF 2021(F)

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PETITIONER:

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SHEELA C., W/O A.K.SREENIVASAN AGED 60 YEARS SHEELA NIVAS, KATTAKKADA ROAD, BALARAMAPURAM, THIRUVANANTHAPURAM-695 035.

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BY ADV. SRI.LIJU. M.P

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY TO LOCAL SELF GOVERNMENT DEPARTMENT,

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GOVT. SECRETARIAT, THIRUVANANTHAPURAM.

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2 THE DIRECTOR OF PANCHAYAT, OFFICE OF REVENUE DIVISION OFFICER, PANCHAYAT DIRECTORATE OFFICE,. THIRUVANANTHAPURAM-695 043.

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3 THE BALARAMAPURAM GRAMA PANCHAYAT, KATTAKKADA ROAD, BALARAMAPURAM, THIRUVANANTHAPURAM-695 501, REPRESENTED BY ITS SECRETARY.

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4 THE SECRETARY, THE BALARAMPURAM GRAMA PANCHAYAT, KATTAKKADA ROAD, BALARAMPURAM, THIRUVANANTHAPURAM-695 501.

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R3-R4 BY ADV.SRI.C.J.JOY, SC,

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R1-R2 BY – ADV.SRI.K.P.HARISH, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.1456 OF 2021

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JUDGMENT

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Dated this the 19th day of February 2021

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The grievance of petitioner is that, although

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she has been receiving widow pension since 2016, due to

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a change in the account number the amount could not be

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paid during the period from October 2016 to July 2019.

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It seems that by Ext. P1, it was informed to

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the petitioner that, the amount due to her is for the period October 2016 to July 2018. The learned Senior Government Pleader, on the instructions submitted that,

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the widow pension is being paid to her regularly since August 2018 and according to the Panchayath, the amount in arrears has not been released.

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Having regard to the limited grievance of the

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petitioner, I am inclined to direct the respondent Nos. 1 and 2 to pass appropriate orders to release the amount due to the petitioner as widow pension covering the period October 2016 to July 2018. It is made clear

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WP(C).No.1456 OF 2021

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that, since there is a dispute regarding the amount payable thereafter, and in view of the assertion of the petitioner that the amount up to July 2019 is yet to be paid, the government shall consider whether the amount is payable during the above period also. The right of the petitioner to pursue her disregarding this limited period is kept open. The amount shall be released within three months from the date of receipt of a copy of this judgment.

Sd/-

SUNIL THOMAS

JUDGE

Jms //True Copy// P.A to Judge

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WP(C).No.1456 OF 2021

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE WRITTEN STATEMENT DATED 19.08.2019 SUBMITTED BY 4TH RESPONDENT BEFORE THE LEARNED KERALA STATE HUMAN RIGHTS COMMISSION.

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EXHIBIT P2 TRUE COPY OF THE ORDER DATED 30.10.2019 ISSUED BY KERALA STATE HUMAN RIGHTS COMMISSION.

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EXHIBIT P3 TRUE COPY OF THE PETITION ADDRESSED TO 2ND RESPONDENT DATED 28.12.2020.

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//True Copy// P.A to Judge

Sheela C., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sheela C., v. State of Kerala

Case brief

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What did the court decide?

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