IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 10312 of 2010(L) --------------------------------------- PETITIONERS: --------------------- 1. K.J.THANKAMMA, AGED 69, D/O.YESUDAS, CHARANGATTU HOUSE, KALAPURACKAL WARD, ALAPPUZHA-7, (RETD.JUNIOR PUBLIC HEALTH NURSE, ALAPPUZHA MUNICIPALITY). 2. AMMINI, W/O.LATE T.T.VAVACHAN, (FAMILY PENSION, NOMINEE), PULICHIMAVINGAL, KOMMADI WARD, ALAPPUZHA, (RETD. DRIVER, ALAPPUZHA MUNICIPALITY). 3. FRANCIS MARY, D/O.MATHAI, KARUKAYIL PUTHENVEEDU, AVALOOKUNNU P.O., GURUPURAM, ALAPPUZHA, (RETD.SANITATION WORKER, ALAPPUZHA MUNICIPALITY). 4. K.MARIYAMMA, D/O.YOHANNAN, NIKARTHIL VEEDU, MARARIKULAM PANCHAYAT, PATHIRAPPALLY P.O., ALAPPUZHA, (RETD.N.M.R.WORKER, ALAPPUZHA MUNICIPALITY). 5. K.MARIYAMMA, W/O.LATE K.PURUSHOTHAMAN, (FAMILY PENSION, NOMINEE) NIKARTHIL VEEDU, MARARIKULAM PANCHAYAT, PATHIRAPPALLY P.O., ALAPPUZHA, (RETD.N.M.R.WORKER, ALAPPUZHA MUNICIPALITY). 6. EALI THRESSIA, D/O.DEVASSIA, THOPPIL VEEDU, KANJIRAMCHIRA WARD, ALAPPUZHA (RETD.SWEEPER, ALAPPUZHA MUNICIPALITY). 7. K.RAJAMMA, D/O.KUTTAPPAN, KAMBAYIL, THOTTANKULANGARA, ALAPPUZHA, (RETD.ATTENDER, ALAPPUZHA MUNICIPALITY). 8. MARY DOMINIC, W/O.LATE OUSEPH DOMINIC, (FAMILY PENSION, NOMINEE), THOPPIL VEEDU, KANJIRAMCHIRA WARD, ALAPPUZHA, (RETD.DRAINAGE CLEANER, ALAPPUZHA MUNICIPALITY). W.P.(C). NO.10312/2010-L: 9. C.MANIYAN, VISHAKAMANDIRAM, POONTHOPPU WARD, AVALOOKUNNU P.O., ALAPPUZHA, (RETD. R.L.WORKER, ALAPPUZHA MUNICIPALITY). 10. C.MANIYAN, H/O.LATE THRESSIA, (FAMILY PENSION, NOMINEE) VISHAKAMANDIRAM, POONTHOPPU WARD, AVALOOKUNNU P.O., ALAPPUZHA, (RETD. R.L.WORKER, ALAPPUZHA MUNICIPALITY). 11. SOSSAMMA MATHUKUTTY, W/O.LATE S.MATHUKUTTY, (FAMILY PENSION, NOMINEE), THEKKEVELIYIL, AMBANAKULANGARA, MANNANCHERRY, ALAPPUZHA, (RETD.SANITATION WORKER, ALAPPUZHA MUNICIPALITY). 12. ASSUMA BEEVI, W/O.LATE ISMAILKUNJU, (FAMILY PENSION, NOMINEE), SOUMYA MANZIL, PUTHENVEEDU, VATTAYAL WARD, ALAPPUZHA, (RETD.ANTI-MOSQUITO FIELD WORKER, ALAPPUZHA MUNICIPALITY). 13. V.V.LEELA, W/O.LATE KUNJUNNI, (NOMINEE) FAMILY PENSION, LAKSHMI VILASAM, KAMBI, ASHRAMAM WARD, AVALOOKUNNU P.O., ALAPPUZHA, (RETD. ANTI-MOSQUITO FIELD WORKER, ALAPPUZHA MUNICIPALITY). 14. C.M.CLARA, D/O.MATHAI, POOTHRISSERIYIL VEEDU, VATTAYAL WARD, ALAPPUZHA, (RETD.ATTENDER, ALAPPUZHA MUNICIPALITY). 15. HAMSA BEEVI, W/O.LATE KUNJABDU, FAMILY PENSION (NOMINEE), PANACKAL PURAYIDOM, LEJANATHU WARD, ALAPPUZHA (RETD.GARDNER, ALAPPUZHA MUNICIPALITY). 16. P.A.TREESSA, D/O.ANTONY PETER, PANACKAL VEEDU, P.H.WARD, ALAPPUZHA, (RETD.ATTENDER, ALAPPUZHA MUNICIPALITY). 17. SOSSAMMA KUNJAPPU, W/O.LATE CHACKO KUNJAPPI, NOMINEE (FAMILY PENSION), MUNICIPAL COLONY, VALIYAKULAM WARD, ALAPPUZHA, (RETD. DEPO-SANITATION WORKER, ALAPPUZHA MUNICIPALITY). 18. PHILOMINA, W/O.LATE M.A.PETER, NOMINEE, (FAMILY PENSION), MALIEKKAL, BEECH WARD, ALAPPUZHA, (RETD. SANITATION WORKER, ALAPPUZHA MUNICIPALITY). BY ADVS. SMT.C.K.SHERIN, SRI.A.D.SHAJAN. W.P.(C). NO.10312/2010-L: RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, THIRUVANANTHAPURAM. 3. THE ALAPPUZHA MUNICIPALITY, REPRESENTED BY ITS SECRETARY, ALAPPUZHA MUNICIPALITY, ALAPPUZHA. R1 & R2 BY GOVT. PLEADER SRI. ANTONY MUKATH, R3 BY SRI.M.K.CHANDRA MOHAN DAS, S.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/05/2010, ALONG WITH W.P.(C). NO.9639 OF 2009 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.10312/2010-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. G.O.(P).NO.120/2007/FIN. DTD. 20/03/2007 BEFORE THE GOVT. OF KERALA. EXT.P.2: COPY OF THE ORDER NO. G.O.(P).NO.211/2009/FIN. DTD. 02/06/2009 BEFORE THE GOVT. OF KERALA. EXT.P.3: COPY OF THE MEMORANDUM DTD. 12/06/2008 SUBMITTED BY THE PETITIONERS BEFORE THE MUNICIPAL COUNCIL, ALAPPUZHA. EXT.P.4: COPY OF THE ORDER IN W.P.(C).NO.25698/2009 DTD. 15/09/2009 OF THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM. EXT.P.4.A: COPY OF THE ORDER IN W.P.(C).NO.36881/2009 DTD. 21/12/2009 OF THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM. EXT.P.4.B: COPY OF THE ORDER IN W.P.(C).NO.5138/2010 DTD. 01/03/2010 OF THE HON'BLE HIGH COURT OF KERALA, ERNAKULAM. EXT.P.5: COPY OF THE ORDER NO. G.O.(P).NO.P3-1744/09 DTD. 02/11/2009 ISSUED BY THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J ....................... W.P.(C)s.10312, 5138 of 2010, 36881, 25821, 25698, 19189 & 9639 of 2009 ....................... Dated this the 24th day of May, 2010 JUDGMENT Petitioners are retired employees of the Alappuzha Municipality. Their claims are two fold. One is that they are not paid the dearness allowance in terms of the Government Order at the rate as applicable to them. The other grievance they have is that the respondents are implementing the principle 'one rank one pension' only selectively and not in the case of all employees. 2. As far as the issue regarding the payment of dearness allowance including its arrears at the rate as applicable in terms of the Government Order is concerned, except in W.P.(C). 10312/2010, in all other cases, interim orders have already been passed. Learned counsel also submits that in some cases, payment have also been made. 3. In view of the above, it is ordered that the petitioners in W.P.(C).10312/2010 will also be entitled to be disbursed the W.P.(C).10312/10 & Connected cases 2 arrears of dearness allowance at the rates as applicable in terms of the Government order governing the same. The arrears shall be disbursed as expeditiously as possible, at any rate, within two months of production of a copy of this judgment. 4. The remaining common grievance of the petitioners is regarding the non extension of benefit one rank one pension. Petitioners refer to the order dated 2.11.2009 issued by the Director of Municipalities extending the said benefit to one of the employees of the Alappuzha Municipality. While the petitioners complain that they have been discriminated in this matter, learned Standing Counsel for the respondent Municipality submits that many of the petitioners have not applied for the benefit of one rank one pension. If as stated by the learned Standing Counsel, petitioners or any one of them have not applied for one rank one pension benefit, necessarily the authorities cannot be faulted for not extending the benefits. Be that as it may, if they are otherwise eligible, they should not be deprived of the benefit permanently. W.P.(C).10312/10 & Connected cases 3 5. Taking into account of the above, it is directed that such of those petitioners who are not applied for one rank one pension benefit, shall submit their applications to the respondent Municipality as expeditiously as possible, at any rate, within four weeks from today. It is directed that once applications have been received, along with the pending applications, the applications shall be forwarded to the Director of Municipalities who shall pass appropriate orders in the matter duly adverting to Order No.G.O.(P) No.P3-1744/09 dated 2.11.2009 relied on by the petitioners. Such orders shall be passed and benefit shall be extended, as expeditiously as possible, at any rate, within six months of filing of the applications as above. While orders are passed as above and benefits extended, claim of the petitioners for revision of pensionery benefits will also be duly adverted. Writ petitions are disposed of as above. ANTONY DOMINIC, Judge mrcs