IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 5533 of 2009(J) ------------------------- PETITIONERS: LUCY SEBASTIAN, KANNYAKONIL HOUSE, KURICHI P.O., KOTTAYAM. BY ADV. SRI.J.DEVADANAM SRI.VINOD J.DEV SRI.PRAMOD J.DEV RESPONDENTS: 1. STATE OF KERALA, REP. BY ITS SECRETARY, DEPARTMENT OF FOOD & CIVIL SUPPLIES, STATE SECRETARIAT, THIRUVNANTHAPURAM. 2. THE FOOD INSPECTOR, CHANGANASSERY. 3. THE IDUKKI DISTRICT HEALTH SERVICE STAFF CO-OPERATIVE SOCIETYLTD., NO. 1.312, KATTAPPANA- 685 508, REPRESENTED BY ITS SECRETARY. 4. THE KERALA STATE BACKWARD CLASSES, DEVELOPMENT CORPORATION LTD., DISTRICT OFFICE, KOTTAYAM. 5. THE KHADI GRAMA SOUBHAGYA, CHANGANASSERY, REPRESENTED BY ITS MANAGER. 6. THE KERALA STATE FINANCIAL ENTERPRISES LTD., BHADRATHA, THRISSUR, REP. BY ITS MANAGING DIRECTOR. 7. THE SPECIAL DEPUTY TAHSILDAR (RR), K.S.F.E. LTD., KOTTAYAM. 8. SHAJI JOSEPH, KUZHUPPIL HOUSE, ETTITHOPPU P.O., IDUKKI. 9. SANTHOSH KUMAR P.V., PUTHENPURAYIL NAGAR, RUBY NAGAR P.O., CHANGANASSERY, KOTTAYAM DIST. 10. THE ACCOUNTANT GENERAL (A & E), THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.5533 of 2009 -------------------------- Dated this the 19th February,2009 J U D G M E N T The petitioner, who is a widow, has filed this writ petition seeking for a direction to grant ex-gratia benefits due to the death of her son and for a direction to respondents 4 to 7 to consider and take appropriate action on Exhibits -P6 and P7 representations. 2. Petitioner's husband was working as Food Inspector and he expired while in service. Her son Bobby Sebastian got appointment under the dying-in- harness scheme. He was appointed after being found eligible for the benefit of said scheme. Subsequently, he also passed away while in service. It appears that he owed various amounts to respondents 3 to 6 which is evidenced by Exhibits P1 to P4. Petitioner submits that her deceased son had personal liabilities only with respondents 3 and 5 and she is ready to repay the same provided the other liabilities are absolved of. By W.P ( C) No.5533 of 2009 2 Exhibit-P5, the 2nd respondent directed her to furnish a certificate undertaking to pay the liabilities due to respondents 3 to 6. Petitioner thereafter moved the authorities to disburse the ex-gratia benefits due to her deceased son. It is also pointed out that the pensionary benefits including DCRG have not been sanctioned yet. 3. Petitioner's son was working as Lower Division Clerk under the 2nd respondent. Therefore, to sanction the pensionary and other allowable benefits, it is for the 2nd respondent to take an action in the matter. Petitioner's son died on 29.3.2007. If the petitioner submits a representation seeking for a grant of said benefits before the 2nd respondent within a period of three weeks from today, the 2nd respondent will take appropriate action, after addressing the 1st and 10th respondents, if necessary. 4. Petitioner has got a contention that the loanees who are respondents 8 and 9, are being let off without seeking any recovery of amounts from him. It is pointed out that her son was only a surety in the said loan transaction and the present attempt is to make the W.P ( C) No.5533 of 2009 3 petitioner liable for those amounts, which is illegal. So far respondents 4 and 6 have not taken action to recover the amount from the principal debtors or other sureties. Seeking for appropriate action in the matter she has filed Exhibits P6 and P7 before respondents 4 and 6 also. Therefore it is up to the respondents 4 and 6 to take appropriate action to redress the grievance of the petitioner as projected in Exhibits P6 and P7. The same shall be done within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.5533 of 2009 4 W.P ( C) No.5533 of 2009 5