IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 7140 of 2010(N) ------------------------- PETITIONER(S): --------------- 1. RATHI, AGED 39, W/O.LATE K.SELVARAJ, C.C. 12/1074, CORPORATION COLONY, PANAYAPPILLY, KOCHI-2. 2. RATHEESH K.S., AGED 19, S/O.LATE K.SELVARAJ, -DO- BY ADVS. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENT(S): --------------- 1. STATE OF KERALA TO BE REP. BY SECRETARY LOCAL SELF GOVERNMENT (E U) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. DIRECTOR OF URBAN AFFAIRS, THIRUVANANTHAPURAM. 3. SECRETARY, CORPORATION OF COCHIN, ERNAKULAM. BY GOVT. PLEADER SRI. ANTONY MUKKATH -R1 AND R2 ADV. SRI. S. REMESSH BABU -R3 SC ADV. SMT.M.K.PUSHPALATHA,SC,COCHIN CORPORATION FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 7140 OF 2010 -------------------------------------------- Dated this the 16th day of March, 2010 JUDGMENT The petitioners are respectively the widow and son of one K.Selvaraj, who died in harness, rather committed suicide. He was a contingent worker in Circle No.6 of Cochin Corporation. Subsequently, as per Ext.P1 order dated 5.2.2010, family pension and DCRG were sanctioned to the petitioners. The grievance of the petitioners is that though the amounts were sanctioned as per Ext.P1, so far the said amounts have not been disbursed to them. They have yet another grievance. According to the petitioners, the second petitioner is entitled to get appointment under the Dying in Harness Scheme and he has submitted proper application along with the requisite documents. It is submitted that after the initial scrutiny, the documents were forwarded by the third respondent to the second respondent who placed the entire papers before the first respondent for consideration. It is further submitted that the papers were sent back noting certain irregularities and now after curing the mistakes, the application along with the other documents are before the first respondent for consideration. No action has been taken in the matter so far, it is submitted. W.P.(C)NO. 7140/2010 2 2. In regard to the disbursement of pensionary benefits, the learned Standing Counsel appearing for the third respondent submitted that the amounts covered by Ext.P1 would be released to the petitioners within a period of one month. The said submission is recorded. The third respondent is, therefore, directed to disburse the amounts covered by Ext.P1 to the petitioners within a period of one month from the date of receipt of a copy of this judgment. 3. With respect to the appointment of the second petitioner on compassionate ground, the application with the necessary documents are already before the first respondent. In the circumstances, the first respondent is directed to consider the claim of the second petitioner for appointment under the Dying in Harness Scheme expeditiously, at any rate within a period of two months from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. (C.T. RAVIKUMAR, JUDGE) sp/ W.P.(C)NO. 7140/2010 3 C.T. RAVIKUMAR, J. W.P.(C) NO. 7140/2010 JUDGMENT 16th March, 2010