IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 WP(C).No. 22808 of 2009(U) -------------------------- PETITIONER(S): --------------- KAMALAM SUBRAMANIAN, WIFE OF LATE K.SUBRAMANIAN, RESIDING AT KOORIYIL HOUSE, PARAPPANANGADI P.O., MALAPPURAM DISTRICT. BY ADV. SRI.K.G.BALASUBRAMANIAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (A & E), THIRUVANANTHAPURAM-695 039. 3. THE DIRECTOR OF HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM. BY GP ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/09/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).22808/2009 -------------------- Dated this the 7th day of September, 2009 JUDGMENT Petitioner's husband late K.Subramanian had retired from service as Nursing Assistant on 31.7.1992. He had a grievance that though he was promoted to the post of Hospital Attendant Grade II with effect from 4.9.1973, he was not given the pay attached to the said post. He approached this Court in O.P.8339/92, which was disposed of directing the respondents to give to the petitioner the salary and allowances attached to the post of Hospital Attendant Grade-II for the period from 4.9.1973 to 31.7.1992. The retirement benefits also were to be computed for the said post. 2. Mr.Subramanian died on 25.4.2005. In the meanwhile, a lawyer's notice had also been sent on behalf of Mr.Subramanian as per Ext.P4 on 3.4.2005 praying for the benefit of Ext.P2 judgment. No action was taken thereon as well. Petitioner thereafter as legal representative of late Subramanian, repeated the request under Ext.P5. Ext.P5 W.P.(C).22808/09 2 contains a request for re-fixation of pay applying Rule 28A of Part-I of Kerala Service Rules. Learned Government Pleader, on instructions, submits that if the petitioner approaches the Government with materials to show that she is a recipient of family pension as legal representative of Late Subramanian, further steps will be taken in terms of Ext.P2 judgment and the retirement benefits of Mr.Subramanian shall be recomputed. If further amounts are to be paid, as difference in the pay that would have been disbursed to Mr.Subramanian, that shall also be considered. Submission is recorded. 3. 1st respondent shall look into Ext.P5 and take a decision after hearing the petitioner within three months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. V.GIRI, Judge mrcs