IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.K.DENESAN MONDAY, THE 19TH MARCH 2007 / 28TH PHALGUNA 1928 WP(C).No. 5478 of 2006(B) ------------------------------------- PETITIONER: -------------------- T.V. RAMANI, AGED 59 YEARS, (W/O. LATE MR.C.A. THNKAPPAN, DEPUTY TRAFFIC MANAGER, PORTAGE DIVISION, COCHIN PORT TRUST) ASSISTANT INS VENDURUTHY, HEAD QUARTERS, SOUTHERN NAVAL COMMAND, NAVAL BASE, COCHIN. BY ADV. SRI.S.RADHAKRISHNAN RESPONDENTS: ------------------------ 1. COCHIN PORT TRUST REPRESENTED BY THE SECRETARY, COCHIN PORT TRUST PORT TRUST BUILDING, COCHIN. 2. THE GOVERNMENT OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF SHIPPING ROAD TRANSPORT AND HIGHWAYS, DEPARTMENT OF SHIPPING (PORT WING), TRANSPORT BHAVAN, NEW DELHI. BY ADV. SRI.M.K.SUCHEENDRAN, ADDL.CGSC SRI.A.M.SHAFFIQUE SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.B.S.KRISHNAN SRI.JOHN VARGHESE, ASST.S.G. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/03/2007 ALONG WITH WPC.NO.15843 OF 2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.5478/2006 B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE statement DATED 08/12/2004. EXT.P2: COPY OF THE LETTER DATED 11/01/1993. EXT.P3: COPY OF THE ORDER PASSED BY THE CAT, ERNAKULAM BENCH IN O.A.1913 OF 1993 DATED 10/11/1993. EXT.P4: COPY OF THE O.M.NO.45/73/97-P&PW(G) DTD. 02/07/1999. EXT.P5: COPY OF THE JUDGMENT PASSED BY THIS HONOURABLE COURT IN O.P.NO.1968 OF 1994 DATED 22/09/1999. EXT.P6: COPY OF THE JUDGMENT PASSED BYTHE DIVISION BENCH OF THIS HONOURABLE COURT IN W.A.NO.2667 OF 1999 DATED 31/08/2005. EXT.P7: COPY OF THE REPRESENTATION DATED 22/09/2005. EXT.P8: COPY OF THE LETTER DATED 19/11/2005. EXT.P9: RELEVANT EXTRACT OF THE RESOLUTION NO.92 (AGENDA ITEM NO.C-1) OF THE BOARD OF TRUSTEES OF THE COCHIN PORT TRUST HELD ON 18/12/2006. /TRUE COPY/ KSS K.K. DENESAN, J. = = = = = = = = = = = = = = = = = W.P.(C) Nos.5478 & 15843 OF 2006 = = = = = = = = = = = = = = = = = = Dated this the 19th March, 2007 J U D G M E N T The petitioners are family pensioners seeking reliefs against the respondents consequent on the grant of dearness relief to similarly situated pensioners. Ext. P9 minutes of Meeting No.4 of 2006-07 of the Board of Trustees of the 1st respondent held on 18-12-2006 produced in W.P.(C) No. 5478 of 2006 contains inter alia a resolution passed as reproduced below: “61. The Board, after detailed discussions and considering the legal position, resolved to extend the benefit of dearness relief as per the Judgment in O.P. No. 1968/1994 to all the similarly placed family pensioners, as detailed in the Board Note, and authorized the Chairman to apprise the position appropriately to the Ministry for formal orders and reconciliation.” 2. When the matter came up for consideration on prior occasions, this Court wanted to know the time required for implementing the above decision. Shri. Jayasankar Nambiar, learned counsel for the 1st respondent, on instruction, submits that the reliefs contemplated under Agenda No. 61 above, will be implemented in favour of those who are covered by the WPC Nos.5478 & 15843 /2006 -2- said resolution within a period of 3 months. It is not disputed that the petitioners are such kind of family pensioners who will come within the purview of the above quoted resolution and are eligible for dearness relief. 3. In the above circumstances, there shall be an order directing the respondents to see that the benefit of dearness relief is extended to the petitioners as detailed in the 'Board Note' as expeditiously as possible, at any rate, within three months from today. One of the petitioners shall serve on the Chairman of the 1st respondent-Board a copy of this judgment for information and compliance. The writ petitions are disposed of as above. K.K. DENESAN JUDGE jan/