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Santha.K.C. v. State of Kerala

Kerala HC3 Nov 2023WP(C)/9667/2023

Case brief

AI extract

What is this about?

Ker HC directed Corporation of Cochin to disburse outstanding benefits to the legal heirs of a deceased sanitary worker within three months and to process a compassionate appointment application after curing procedural defects.

What did the court decide?

Directions to the Corporation of Cochin to disburse outstanding benefits within three months and to process the compassionate appointment application within ten days.

Santha.K.C. Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
FRIDAY,THE3RDDAYOFNOVEMBER2023/12THKARTHIKA,1945
WP(C)NO.9667OF2023

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PETITIONERS:

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1SANTHA.K.C.
AGED70YEARS
W/OLATEAPPUKUTTANK.M.,KALAPPURAKKALHOUSE,KOTTUVALLY,
KAITHARAMP.O.683519,ERNAKULAM.
2SHIBU.K.A.
AGED49YEARS
S/OLATEAPPUKUTTANK.M.,KALAPPURAKKALHOUSE,KOTTUVALLY,
KAITHARAMP.O.683519,ERNAKULAM.

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BYADVK.S.SUMITHA

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RESPONDENTS:

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1STATEOFKERALA
REPRESENTEDBYLOCALSELFGOVERNMENTDEPARTMENT,
GOVERNMENTSECRETARIAT,GOVERNMENTOFKERALA,
THIRUVANANTHAPURAM,PIN-695001.

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2DIRECTOR,URBANAFFAIRS,
GOVERNMENTOFKERALA,THIRUVANANTHAPURAM.,PIN-695033.
3CORPORATIONOFCOCHIN
REPRESENTEDBYTHESECRETARY,PARKAVENUEROAD,ERNAKULAM,
PIN-682011.
4DEPARTMENTOFFINANCE,
REPRESENTEDBYITSSECRETARY,GOVERNMENTOFKERALA,
THIRUVANANTHAPURAM,,PIN-695033.
BYADVS.
SRI.ARUNANTONY
SRI.JANARDHANASHENOY,SC
SMT.MARYBEENAJOSEPH,SR.GP
THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
03.11.2023,THECOURTONTHESAMEDAYDELIVEREDTHEFOLLOWING:

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WP(C)NO.9667OF2023

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JUDGMENT

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The petitioners state that they are the wife and son of late Appukuttan K.M, who was a sanitary worker attached to the 3rd respondent Corporation and who had died in harness. The 1st petitioner is aged 70 years and the 2nd petitioner is in his late 40’s. They state that the 2nd respondent was chosen for employment assistance by the legal heirs under the Compassionate Appointment Scheme. They refer to Ext.P4 and submitted that the sisters of the 2nd petitioner have already given their consent. In the said circumstances, he filed Ext.P5 application for employment assistance which was submitted as early as on 30.12.2020. The petitioner states that the respondents, despite having received the application, have not processed the same. The request is to be forwarded to the Government with the inputs of the Corporation. They also assert that the benefits due to the late Appukuttan K.M with regard to sanctioning and disbursement of Provident Fund, Family Pension, gratuity, grade pay benefits, arrears of salary, revised wage arrears, DA, etc have also not been disbursed. It is in the afore circumstances that this writ petition is filed seeking directions.

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I have heard Smt. K.S. Sumitha, the learned counsel appearing for the petitioners, and the learned Standing Counsel.

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The learned Standing Counsel submits that in so far as the

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benefits to be granted to the petitioners as the legal heirs of the deceased

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WP(C)NO.9667OF2023

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Appukuttan is concerned, a priority basis based on seniority is being followed. In so far as the application for compassionate appointment is concerned, learned counsel submits that certain defects were noticed, and though directions were issued to correct the same, the same has not been corrected.

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The learned counsel appearing for the petitioners controverted the contentions of the learned Standing Counsel and submitted that there cannot be any priority for releasing the benefits of a deceased employee to the legal representatives. She highlights that the 1st petitioner is aged 70 years and is finding it difficult to make both ends meet.

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I have considered the submission advanced.

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As far as the entitlements due to the legal heirs of the late Appukuttan M.K., are concerned, there exists no legitimate rationale for the respondents to assert that distributions are being processed on a seniority basis. Having considered the entire facts, I am of the considered opinion that this writ petition can be disposed of by issuing the following directions

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a. There will be a direction to the 3rd respondent to promptly initiate the process of disbursing the outstanding benefits to the petitioners. Such disbursement shall be completed within a span of three months following the date on which a copy of this judgment is received.

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b. With respect to the application for the compassionate appointment scheme, the 3rd respondent is directed to communicate to the petitioners within ten days from the date of production of this judgment, the deficiency, if any, in the application submitted by the petitioners. Upon

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WP(C)NO.9667OF2023

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receiving such notification, the petitioners shall cure the defects and resubmit the same within a further period of two weeks.

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c. The application for compassionate employment shall then be forwarded by the 3rd respondent to the competent authority under the 1st respondent, which authority shall process the same and take appropriate decisions in accordance with law.

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Sd/-

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RAJA VIJAYARAGHAVAN V JUDGE

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Sru

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WP(C)NO.9667OF2023

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APPENDIX OF WP(C) 9667/2023

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PETITIONERSEXHIBITS
ExhibitP1TRUECOPYOFTHESERVICECERTIFICATEBEARING
NO.MOH18/28160/01DATED18/12/2020ISSUEDBY
THE1STRESPONDENT.
ExhibitP2TRUECOPYOFTHEDEATHCERTIFICATEISSUEDBY
THEKOCHIMUNICIPALCORPORATION.
ExhibitP3TRUECOPYOFTHELEGALHEIRSHIPCERTIFICATE
ISSUEDBYTHETAHSILDAR,TALUKOFFICE,PRAVUR,
BEARINGNO.KDIS/8179/2019/B3DATED13/03/2020.
ExhibitP4TRUECOPYOFTHELETTEROFCONSENTISSUEDBY
SANTHA.K.C.,SHEEBAK.A.ANDSHEEJAK.A.
ExhibitP5TRUECOPYOFTHECOUNTERRECEIPTDATED
30/12/2020BEARINGREFERENCENO.35969ISSUED
BYTHE3RDRESPONDENT.
ExhibitP6TRUECOPYOFTHELATTERDATED06/01/2021
BEARINGREFERENCENO.MOH4/035969/2020.
ExhibitP7TRUECOPYOFTHECOUNTERRECEIPTDATED13/01/21
ISSUEDBY3RDRESPONDENT.
ExhibitP8TRUECOPYOFTHELETTEROFCONSENT/NOOBJECTION
DATED09/10/20.

Santha.K.C. v. State of Kerala

Case brief

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Santha.K.C. v. State of Kerala

Case brief

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