IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 18653 of 2011(F) --------------------------------------- PETITIONER(S): ------------------------ MADHURI V.K., JUNIOR SUPERINTENDENT (RETIRED), KERALA HEAD LOAD WORKERS WELFARE BOARD, P.B.NO.2017, S.R.M. ROAD, ERNAKULAM. (THOPPIL, KOZHIKKODU WEST, S.V. MARKET P.O., KARUNAGAPPALLY, KOLLAM). BY ADV. SRI.K.KARTHIKEYA PANICKER, SMT.DAYA K. PANICKER. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LABOUR AND REHABILITATION (H) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE CHIEF EXECUTIVE, KERALA HEAD LOAD WORKERS WELFARE BOARD, P.B.NO.2017, S.R.M. ROAD, ERNAKULAM-682 018. R1 BY GOVT. PLEADER MR.L.G. SURESH BABU. R2 BY ADV. SRI.KOSHY GEORGE, SC, KHLWWB. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 18653 of 2011(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.HLW-1/85(2) DATED 01/06/1985. EXT.P2: COPY OF THE ORDER NO.E1/156/96 DATED 17/06/1998. EXT.P3: COPY OF THE OPTION DATED 20/01/2001. EXT.P4: COPY OF THE ORDER NO.E2/19832/09 DATED 10/05/2010 ISSUED BY 2ND RESPONDENT. EXT.P5: COPY OF THE REPRESENTATION DATED 24/05/2010 BEFORE THE 2ND RESPONDENT. EXT.P6: COPY OF THE ORDER NO.F1-7805/09 DATED 31/03/2010 ISSUED BY 2ND RESPONDENT. EXT.P7: COPY OF THE REPRESENTATION DATED 23/04/2010 BEFORE THE 2ND RESPONDENT. EXT.P8: COPY OF THE REPRESENTATION DATED 18/06/2010 BEFORE THE 2ND RESPONDENT. EXT.P9: COPY OF THE JUDGMENT DATED 06/08/2010 IN WP(C) NO. 24683/2010. EXT.P10: COPY OF THE ORDER NO.G1/16982/10 DATED 17/09/2010. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 18653 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of July, 2011 J U D G M E N T The petitioner retired from the service of the Kerala Head Load Workers Board on 31.10.2008 while working as Junior Accountant. The contention of the petitioner is that though the Government have issued G.O. (Ms)44/2010/Labour dated 27.3.2010 and sanctioned pension to the Employees Welfare Fund Board, it was not sanctioned to her. In the said circumstances the petitioner had, earlier, approached this Court by filing WP(C) No.24683/2010. The said writ petition was disposed of as per Ext.P9 judgment with a direction to the second respondent to consider the representations referred to as Exts.P7 and P8 therein and to pass orders thereon. As per Ext.P10 the second respondent informed the petitioner that the matter is still pending consideration before the Government and subject to the orders of the Government further action on the said representation would be taken. According to the petitioner, in the light of Ext.P6 the petitioner is entitled to get the benefits and therefore, there is no reason for deferring implementation of Ext.P6. WPC.No.18653/2011 : 2 : 2. I have heard the learned counsel for the petitioner, the learned Government Pleader and also the learned Standing Counsel appearing for the second respondent. 3. A scanning of Ext.P10 would reveal that on account of certain ambiguities that stand in the way of implementation of Ext.P6 the second respondent has sought for clarification from the Government on certain matters and the issue is now pending before the Government. Since Government have not so far taken any decision on such matters the second respondent is not in a position to implement Ext.P6 and to its benefits, it is submitted. In view of the position thus obtained in this case, I am inclined to dispose of this writ petition with a direction to the first respondent to consider those issues which are now pending for clarification at the instance of the 2nd respondent and pass appropriate orders thereon to enable the second respondent to take further action for implementation of Ext.P6. Such actions shall be taken by the first respondent, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge