IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 1ST JUNE 2011 / 11TH JYAISHTA 1933 WP(C).No. 9910 of 2011(K) -------------------------------------- PETITIONER(S): ------------------------ RABIA T.S., PATTARUPARAMBIL HOUSE, ELOOR NORTH, UDYOGAMANDAL P.O., ERNAKULAM DISTRICT-683 501. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.695 001 2. CHERTHALA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, CHERTHALA.PIN-688 524 3. THE SECRETARY, CHERTHALA MUNICIPALITY, CHERTHALA, ALAPPUZHA DISTRICT.-688 001 R1BY GOVERNMENT PLEADER SMT.N. SUDHA DEVI R2 & R3 BY ADV.SRI. JOBY CYRIAC, SC FOR MUNICIPALITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- -2- WP(C)NO.9910/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE DEATH CERTIFICATE DATED 25/09/2004. P2 COPY OF THE LETTER ADDRESSED TO THE CHAIR PERSON. P3 COPY OF THE LETTER ADDRESSED TO SHRI.G.N.NAIR. P4 COPY OF THE DISSOLUTION OF MARRIAGE CERTIFICATE DATED 16/06/1997. P5 COPY OF THE SETTLEMENT DEED DATED 16/06/1997. P6 COPY OF THE MARRIAGE CERTIFICATE DATED 05/10/2004. P7 COPY OF THE APPLICATION FOR APPOINTMENT UNDER DYING IN HARNESS SCHEME DATED 25/06/2005. P8 COPY OF THE APPLICATION WAS MADE BY THE PETITIONER. P9 COPY OF THE CONSENT LETTER OF THE MOTHER DATED 01/07/2005. P10 COPY OF THE CONSENT LETTER OF THE FATHER OF THE LATE SALIM. P11 COPY OF THE JUDGMENT IN WP(C)NO.7033/2006 P12 COPY OF THE APPLICATION DATED 31/01/2011 P13 COPY OF THE REPLY DATED 28/02/2011 P14 COPY OF THE REQUEST. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.9910 OF 2011 ---------------------------------------------- Dated this the 1st day of June, 2011 JUDGMENT This writ petition is filed by the poor widow of Sri. Salim. K. who died in service on 13.9.2004, while working as a Sanitary Sweeper of the 2nd respondent Municipality. Her complaint in this writ petition is that although an amount of Rs.1,56,838/- has been sanctioned by the Government as arrears of family pension and funds for the same have been transferred to the 2nd respondent Municipality, the 2nd respondent has not paid the amount to the petitioner yet. The 2nd respondent does not dispute the facts stated in the writ petition. That means, the eligibility of the petitioner to receive the amount is not disputed. It is also not disputed that the Government has already authorised payment of the arrears and has also made funds available to the Municipality for payment to the petitioner. If the amount has not yet been paid, that would indirectly mean that the Municipality has diverted that money for other purposes. W.P.(C)No.9910/11 2 In the above circumstances, there is no justification for the Municipality not to pay the amount to the petitioner. 2. Accordingly, there would be a direction to respondents 2 and 3 to pay to the petitioner the family pension due to the petitioner with arrears within one week from today. The respondents, including the 1st respondent, shall see that the petitioner gets her monthly family pension every month on the due dates without default. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE acd W.P.(C)No.9910/11 3 W.P.(C)No.9910/11 4