IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 23RD JUNE 2010 / 2ND ASHADHA 1932 WP(C).No. 19449 of 2010(E) -------------------------- PETITIONER(S): --------------------- 1. K.S.PANKAJASHAN, S/O.PANICKER DEEPA COTTAGE,PAZHAVEEDU, ALAPPUZHA (RETD SUPERDINTENDENT) 2. RETNAMMA VIJAYAN, W/O.LATE VIJAYAN V P (FAMILY PENSION, NOMINEE) VADAKKOTTUNGAL, KUTHIRAPANTHY, ALAPPUZHA -2,(RETD L.D.CLERK ALAPPUZHA MUNICIPALITY) 3. OMANA, W/O.LATE K BHARATHAN (FAMILY PENSION, NOMINEE) VALLERIAM MANARKKAD,KOTTAYAM RED, SCAVANCHER,ALAPPUZHA MUNICIPALITY 4. OMANA, W/O.LATE K.BHARATHAN, VALLEIRAM MANARKKAD, KOTTAYAM (RETD. SWEEPER, ALAPPUZHA MUNICIPALITY) 5. C.N.THANKAMMA, D/O.PADMANABHAPILLAI AISWARYA, THATHAMPALLY PO,KARALAKAM WARD ALAPPUZHA, (RETD LADIES WARDEN ALAPPUZHA MUNICIPALITY) 6. THANKAMMA, W/O.LATE KOCHUCHERUKKAN (FAMILY PENSION, NOMINEE) KANDATHIL VEEDU, AVALOOKKUNNU PO ALAPPUZHA, (RETD N M R WORKER ALAPPUZHA MUNICIPALITY) 7. P.J.ANNAMMA, D/O.DEVASSIA EZHARNAMURI VEEDU, PALLATHURUTHY PAZHAVEEDU PO, ALAPPUZHA ALAPPUZHA, (RETD N M R WORKER ALAPPUZHA MUNICIPALITY) 8. SANTHAMMA, W/O.LATE C.V.RAGHAVAN (FAMILY PENSION, NOMINEE) VADAKUZHICHIRAYIL VEEDU,KALAVOOR, ALAPPUZHA (RETD ANTI-MOSQUITO WORKER ALAPPUZHA MUNICIPALITY) 9. MARY JOHN, W/O.P. J JOHN (FAMILY PENSION, NOMINEE) CHEETTUPPURACKAL, ALISSERY WARD,ALAPPUZHA RETD DRAIN CLEANER,ALAPPUZHA MUNICIPALITY) WPC NO.19449/10 -2- 10. B.SUMATHY, W/O.LATE K SUDHAN FAMILY PENSION, NOMINEE) VELIKKAKOM,PUNNAPRA,ALAPPUZHA RETD DRAIN CLEANER,ALAPPUZHA MUNICIPALITY) 11. ANNAMMA MARKOSE, W/O.LATE MARKOSE FAMILY PENSION, NOMINEE MADAYIKKONAM, PUNNAPRA, ALAPPUZHA,(RETD NMR WORKER,ALAPPUZHA MUNICIPALITY) 12. JIJI BHAI MADHAVAN, W/O.LATE MADHAVAN,FAMILY PENSION, NOMINEE CHAKKUPARAMBU, PAZHAVEEDU, ALAPPUZHA RETD R L WORKER, ALAPPUZHA MUNICIPALITY) 13. CHIRUTHA, W/O.LATE PAPPANKUTTY FAMILY PENSION, NOMINEE PUTHENPARAMBIL VEEDU, THAKAZHI PO,ALAPPUZHA RETD SWEEPER, ALAPPUZHA MUNICIPALITY) 14. MATHEW REETHA ,W/O.LATE DANIEL MATHEW FAMILY PENSION, NOMINEE MUNICIPAL COLONY, VALIYAKULAM WARD, ALAPPUZHA RETD N M R WORKER, ALAPPUZHA MUNICIPALITY 15. KUNJUMOL VASAVAN, W/O.LATE M D VASUVAN FAMILY PENSION, NOMINEE MUCKAYIL VEEDU,KUTHIRAPANTHY,ALAPPUZHA RETD N M R WORKER, ALAPPUZHA MUNICIPALITY 16. R PARAMESWARAN PILLAI, S/O.RAMAN PILLAI AKSHAYAM, KALIKULAM, CHERTHALA RETD.GARDNER, ALAPPUZHA MUNICIPALITY. BY ADV. SMT.C.K.SHERIN SRI.A.D.SHAJAN RESPONDENT(S): ------------------------ 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. GOVT.PLEADER SRI.ARAVINDKUMAR BABU SRI.M.K.CHANDRAMOHANDAS, SC FOF R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ================ W.P.(C) NO. 19449 OF 2010 (E) ===================== Dated this the 23rd day of June, 2010 J U D G M E N T The grievance of the petitioners is that they are not paid dearness allowance in terms of the Government Order at the rate as applicable to them and that the respondents are implementing the principle “one rank one pension” only selectively and not in the case of all employees. 2. It is seen that dealing with identical grievances, this Court rendered Ext.P4 judgment where the respondents were directed to disburse the arrears of dearness allowance at the rates as applicable in terms of the Government Order governing the same. It was directed that the same shall be dealt with within two months of production of a copy of that judgment. 3. Similarly, in so far as extension of one rank one pension is concerned, it was directed that it will be open to the petitioners therein to submit their applications to the respondent Municipality and the respondent Municipality was directed to forward the applications to the Director of Municipalities for passing appropriate orders in the matter. WPC No. 19449/10 :2 : Therefore, clarifying that the petitioners will also be entitled to the reliefs that are granted in Ext.P4 judgment and that the case of the petitioners will also be dealt with in the manner as directed therein, this writ petition is also disposed of. ANTONY DOMINIC, JUDGE Rp