IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 WP(C).No. 25114 of 2011(L) ---------------------- PETITIONER : -------------------- K.A. NAZEEMA, WIDOW OF LATE C.P. IQBAL, NIFILAND, CHALAYANGADI, ASRAMAM WARD, AVALOOKUNNU.P.O, ALAPPUZHA DISTRICT. BY ADVS. SRI.P.M.PAREETH SRI.MOHAMMED SHAMEEL RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM - 695 001. 3. PENSION OFFICER, DIRECTORATE OF UBRAN AFFAIRS, THIRUVANANTHAPURAM - 695 001. 4. ALAPPUZHA MUNICIPALITY, REPRESENTED ITS SECRETARY, MUNICIPAL OFFICE, ALAPPUZHA-688 001. 5. SECRETARY, ALAPPUZHA MUNICIPALITY, MUNICIPAL OFFICE, ALAPPUZHA-688 001. R4 & R5 BY ADV. SRI. M.K. CHANDRAMOHAN DAS, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 25114 of 2011(L) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1- PHOTO COPY OF THE DEATH CERTIFICATE DATED 01/12/2007. EXHIBIT-P2- PHOTO COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 28/02/2008 ISSUED BY TAHSILDAR, AMBALAPPUZHA. EXHIBIT-P3- PHOTO COPY OF THE NOTARIZED CONSENT LETTER DATED 07/03/2008 EXECUTED BY THE LEGAL HEIRS OF LATE C.P. IQBAL. EXHIBIT-P4- PHOTO COPY OF THE PROCEEDINGS NO.P7-432/2009 DATED 22/08/2009 ISSUED BY THE 2ND RESPONDENT. EXHIBIT-P4(a) PHOTOCOPY OF THE RELEVANT PORTION OF THE G.O.(P) NO. 87/11/FIN. DATED 28-2-11. EXHIBIT-P5- PHOTO COPY OF THE REPRESENTATION DATED 09/09/2009 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. EXHIBIT-P6- TRUE COPY OF THE LETTER DATED 14/12/2010 ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.S. TO JUDGE Mn K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 25114 OF 2011 ----------------------------------------------------------- Dated this the 10thOctober, 2011. JUDGMENT The petitioner is the widow of late C.P.Iqbal who died in harness while in the service of the fourth respondent on 27-11-2007. He was working as the Superintendent at the Municipal Office, Cherthala. The petitioner complains that though more than four years have elapsed since the death of her husband, she has not been paid the DCRG, arrears of family pension and other retirement benefits due to her husband. 2. The standing counsel for Alappuzha Municipality submits that the Municipality is facing financial problems and that is the reason for the delay. However, in spite of their financial problems, the counsel points out that the petitioner is being paid pension from 31-7-2009 onwards. The counsel seeks six months time to pay off the arrears. 3. According to the petitioner, arrears of family pension are due from 28-11-2007 to 31-7-2009. The DCRG has also not been paid. According to the counsel, since the bread winner of the WPC25114/2011 2 family is no more the petitioner has to depend on the retirement benefits of the deceased for the sustenance of the family. 4. Having considered the rival contentions, I am of the view that this writ petition can be disposed of directing the fourth respondent to pay to the petitioner entire arrears of retirement benefits due to her consequent to the death of her husband, as expeditiously as possible and at any rate within a period of four months from the date of receipt of a copy of this judgment. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC25114/2011 3