Allowed

Susheela v. Alappuzha Municipality

Kerala HC10 Sept 2021WP(C)/18518/2021

Case brief

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What is this about?

The Court allowed a writ petition by the petitioner, a childless widow, seeking compassionate appointment. It directed the Municipality not to insist on a consent letter from the deceased husband's siblings, noting that under the relevant government order, only dependents with rival claims need consent. The application must be processed within two months.

What did the court decide?

Directed the Respondent not to insist on consent from the deceased husband's siblings and to process the application within two months.

Susheela Vs Alappuzha Municipality — 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 10^TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943

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W.P.(C) NO. 18518 OF 2021

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PETITIONER:

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SUSHEELA,

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AGED 47 YEARS, W/O.LATE A. ANTONY, ILLICKAL SARKAR VELI, ARATTUVAZHY, ALAPPUZHA-688 007.

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BY ADV C.A.RAJEEV

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RESPONDENT:

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ALAPPUZHA MUNICIPALITY, MUNICIPAL OFFICE, ALAPUZHA-688 001 REPRESENTED BY ITS SECRETARY, E.MAIL:[email protected].

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SRI.R.AZAD BABU, STANDING COUNSEL, ALAPPUZHA MUNICIPALITY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) NO. 18518 OF 2021

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JUDGMENT

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The petitioner herein applied for compassionate appointment claiming to be the dependent widow of the deceased Antony. The legal heirship certificate was duly submitted along with the application. The Municipality directed the petitioner to get consent letter from all the persons mentioned in Ext.P3 which included the brother and sisters of the husband. Aggrieved by this, the petitioner has approached this Court.

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Ext.P1 order of the Government shows that under Clause 14(a), only one dependent will be given employment assistance under the scheme, in the event of the death of a Government employee. Employment assistance shall also be given to the widow/widower, son, daughter in the said order of priority. Son and daughter shall include adopted son and adopted daughter respectively and will rank after son/daughter. No other dependent shall be eligible or given appointment under the scheme. It is clear that notwithstanding the details contained in the legal heirship certificate, a consent letter is required only from those persons who can have a rival claim of compassionate appointment under Ext.P1 order.

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W.P.(C) NO. 18518 OF 2021

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Having considered this, I feel that consent of such persons alone need to be obtained and not from others, who may not be legal heirs for the purpose of compassionate appointment, though all those persons mentioned in Ext.P3, may be legal representatives. Hence I am inclined to direct the Municipality not to insist for consent letter from the other persons as mentioned in Ext.P1 Clause 14(a). Hence she being the childless widow, no consent is liable to be obtained from any other persons. The Municipality shall process the application accordingly and pass final orders on merits, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment.

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Sd/- SUNIL THOMAS JUDGE

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bpr

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W.P.(C) NO. 18518 OF 2021

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APPENDIX

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PETITIONER'S EXHIBITS

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EXHIBIT P1 TRUE COPY OF G.O.(P)NO.12/99/P&ARD DATED 24.5.99.

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EXHIBIT P2 TRUE COPY OF APPLICATION DATED 12.03.2020 THE PETITIONERS TO THE RESPONDENT.

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EXHIBIT P3 TRUE COPY OF LEGAL HEIRSHIP CERTIFICATE DATED 14.05.2020 OF THE TAHASILDAR, AMBALPUZHA. EXHIBIT P4 TRUE COPY OF INCOME CERTIFICATE DATED 09.08.2020 OF THE ARYAD SOUTH VILLAGE.

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EXHIBIT P5 TRUE COPY OF DEATH CERTIFICATE DATED 06.03.2020 OF THE REGISTRAR OF BIRTHS AND DEATHS.

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EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 26.03.21 IN W.P.(C) NO.28384/20 OF THE HIGH COURT OF KERALA. EXHIBIT P7 TRUE COPY OF LETTER DATED 29.03.2021 OF THE RESPONDENT TO THE PETITIONER.

Susheela v. Alappuzha Municipality

Case brief

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Susheela v. Alappuzha Municipality

Case brief

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