Partly allowed

R.M. Ramachandran v. State of Kerala

Kerala HC1 Oct 2021WP(C)/16071/2021

Case brief

AI extract

What is this about?

Court directed the Municipality to reconsider the petitioner's pension application under a specific government order clause and report the decision to the Nodal Officer for disbursement within stipulated timelines.

What did the court decide?

Directed the third respondent to consider Ext.P4 under clause 3(ii) of Ext.P8 and report to the second respondent for disbursement within two months.

R.M. Ramachandran 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 SATHISH NINAN

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FRIDAY, THE 1^ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943

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WP(C) NO. 16071 OF 2021

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PETITIONER:

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R.M. RAMACHANDRAN AGED 65 YEARS S/O. KANNAN NAIR, RAYAROTH HOUSE, KAYALOOR, POST CHAVASSERY, MATTANNUR MUNICIPALITY, KANNUR DISTRICT - 670702. BY ADVS. GEORGE SEBASTIAN PHILIA KOSHY

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF LOCAL SELF GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.

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2 THE DIRECTOR OF PANCHAYATH THIRUVANANTHAPURAM, PIN - 695001.

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3 THE MATTANNUR MUNICIPALITY REPRESENTED BY ITS SECRETARY, MATTANUR, KANNUR DISTRICT, PIN - 673001.

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4 THE SECRETARY MATTANUR MUNICIPALITY, MATTANUR, KANNUR DISTRICT, PIN - 673001. BY ADV P.V.ANOOP BY SMT.MABLE C. KURIAN, SR. GOVT. PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SATHISH NINAN, J.

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= = = = = = = = = = = = = = = = = = W. P. (C) No.16071 of 2021 = = = = = = = = = = = = = = = = = = Dated this the 1^st day of October, 2021

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J U D G M E N T

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The petitioner, aged 65 years, suffers from 80%

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physical (visual) disability. The same is revealed from Ext.P1 Medical Certificate. The grievance of the petitioner is that though he is eligible for old age pension under the Indira Gandhi National Old Age Pension Scheme, it is not being granted to him.

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The pension is disbursed on the recommendations of the local authority. Ext.P4 is the application submitted by the petitioner before the third respondent claiming sanction of pension. Clause 3(ii) in Ext.P8 Government Order prescribes for the eligibility of the petitioner under the scheme, since he is suffering from physical disability.

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The writ petition is disposed of directing the third respondent-Municipality to consider Ext.P4 in the

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W. P. (C) No.16071 of 2021 -: 2 :-

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light of clause 3(ii) in Ext.P8 Government Order and

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take a decision thereon. The decision shall be intimated to the second respondent who is the Nodal Officer under the scheme for disbursement within two months from today. On the petitioner being recommended, the second respondent shall cause the disbursement to be made within a further period of one month thereafter.

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Sd/- SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

APPENDIX OF WP(C) 16071/2021

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PETITIONER EXHIBITS

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Exhibit P1	A TRUE COPY OF THE MEDICAL CERTIFICATE DATED 25.11.2006 ISSUED FROM DISTRICT HOSPITAL KANNUR SHOWING HIS PHYSICAL DISABILITY.
Exhibit P2	A TRUE COPY OF THE RELEVANT EXTRACT OF THE PASSBOOK CUM IDENTITY CARD ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
Exhibit P3	A TRUE COPY OF THE INFORMATION WITH RESPECT TO SOCIAL WELFARE PENSION PUBLISHED IN THE WEBSITE OF THE GOVERNMENT OF KERALA.
Exhibit P4	A TRUE COPY OF THE APPLICATION DATED 21.07.2016 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
Exhibit P5	A TRUE COPY OF THE RECEIPT ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT DATED 29.07.2016.
Exhibit P6	A TRUE COPY OF THE JUDGMENT DATED 20.07.2018 IN WP(C) NO.19252/2018.
Exhibit P7	A TRUE COPY OF THE INFORMATION DATED 12.05.2017 ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT.
Exhibit P8	A TRUE COPY OF THE ORDER DATED 6.7.2018 ISSUED BY THE GOVERNMENT OF KERALA.
Exhibit P9	A TRUE COPY OF THE ORDER DATED 26.11.2018 ISSUED BY THE GOVERNMENT OF KERALA.
Exhibit P10	TRUE COPY OF THE RECEIPT DATED 7.7.2021
	ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT.
Exhibit P11	TRUE COPY OF THE REPLY DATED 19.07.2021
	ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

R.M. Ramachandran v. State of Kerala

Case brief

What is this about?

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R.M. Ramachandran v. State of Kerala

Case brief

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