IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 16TH FEBRUARY 2009 / 27TH MAGHA 1930 WP(C).No. 35776 of 2008(H) -------------------------- PETITIONER(S): --------------- THANKAMMA, AGED 66 YEARS, W/O.CHADAYAN RAJU, THOPPUMPARAMBIL HOUSE, KURIYACHIRA.P.O, THRISSUR DISTRICT. BY ADV. SMT.T.B.MINI RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY THE DIRECTOR, URBAN AFFAIRS DEPARTMENT,SECRETARIATE, THIRUVANANTHAPURAM. 2. CORPORATION OF THRISSUR, REP.BY ITS SECRETARY, THRISSUR CORPORATION, THRISSUR. ADV. SRI.K.B.MOHANDAS,SC,THRISSUR CORPORATIO FOR R2 SRI.LELLULAL T.G.THUNDATHIL FOR R2 BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) No. 35776 of 2008 --------------------------------------------------- Dated this the 16th day of February, 2009 JUDGMENT The petitioner is claiming the benefits due to late husband Chadyan Raju who was a contingent employee under the second respondent Corporation. Going by Ext.P1 certificate he died on 08.06.1981. Ext.P2 is the heirship certificate produced by the petitioner. Ext.P3 is the copy of the last representation submitted by the petitioner. The writ petition is filed seeking for a direction to the first respondent and second respondent to disburse the pensionary benefits of petitioner’s husband to the petitioner immediately with interest. 2. In the counter affidavit filed by the second respondent it is pointed out that the petitioner is the first wife of Sri.Raju. Sri.Raju had two wifes. The petitioner was a contingent worker of Thrissur Corporation. The deceased was an employee under the Public Health Department of Thrissur Corporation. He entered service on 01.07.1954 and he was continuously absent with effect from 16.10.1980. Sri.Raju was allowed voluntary retirement with effect from 16.10.80 on 30.04.1981. He had made an application in Form No.11 for pension DCRG and in Form Nos.4 & 5 for DCRG/Gratuity and family pension. In the wpc:35776 of 2008 2 nomination for family pension, he had shown the name of his second wife Brijitha as the nominee. In paras 6 to 8 of the counter affidavit the details in the matter have been explained. It is stated that the Government have been addressed in the matter and orders from the Government are awaited. It is also stated that the second wife of Raju namely Brijitha was informed that she is not eligible for family pension in the light of the legal advice obtained by the Corporation. It is also stated that if there is no legal objection, gratuity can be sanctioned to the petitioner in the capacity of legally wedded wife of the deceased Raju. 3. As regards Invalid Pension/Family Pension, it can be sanctioned only after getting appropriate direction from the Government in the matter. Since there is no legal objection for granting and disbursing gratuity, steps to disburse the same will be taken by the Corporation without any delay and the payment accordingly shall be made within a period of six weeks from the date of receipt of a copy of this judgment. 4. Regarding the requirements for getting sanction from the Government towards family pension the same will be expedited by the Corporation. The first respondent is directed to wpc:35776 of 2008 3 consider the same and pass appropriate orders within a period of two months from the date of receipt of a copy of this judgment. Depending upon the outcome of the Government order, appropriate action in the matter will be taken by the second respondent also. The writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE bps