IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 WP(C).No. 1771 of 2009(J) ------------------------- PETITIONER(S): -------------------- MATHIRI DAVIDSON W/O.DAVIDSON, ILLAYAMCHATTIL HOUSE, KANIAMAPAL ROAD, KUNNAMKULAM PO,TRICHUR DISTRICT REPRESENTED BY THE POWER OF ATTORNEY HOLDER TONY DAVIDSON,S/O. DAVIDSON,ILLAYAMCHATTIL HOUSE KANIAMPAL ROAD, KUNNAMKULAM PO, TRICHUR DISTRICT BY ADV. SRI.RENJITH B.MARAR SRI.L.RAJESH NARAYAN RESPONDENT(S): ----------------------- 1. CHAIRMAN & MANAGING DIRECTOR, KERALA BOOKS AND PUBLICATIONS SOCIETY KAKKANAD PO, KOCHI 682 030, ERNAKULAM. 2. SKYLU ANTONY, D/O. A.K.ANTONY ARAKKAL HOUSE, MUTHEDOM , MARADU , ERNAKULAM DISTRICT. 3. WINCY DAVIDSON, D/O.DAVIDSON ILLAYAMCHATTIL HOUSE, KANIAMPAL ROAD KUNNAMKULAM PO, TRICHUR DISTRICT. 4. RAMANI DAVIDSON, D/O. DAVIDSON ILLAYAMCHATTIL HOUSE, KALLIPTADAM PO KULAPPILLY, SHORANUR-2. ADV. SRI.K.ANAND (A.201) FOR R1 SMT.LATHA KRISHNAN FOR R1 SRI.G.RAJAGOPAL FOR R2 SMT.P.A.PRIYA FOR R3,4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.1771/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE REPRESENTATION DT 23.6.08 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXTS. OF R1 EXT.R1(a): TRUE COPY OF LEGALHEIRSHIP CERTIFICATE DT 1.3.2008. EXT.R1(b): TRUE COPY OF E-MAIL SENT BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT. EXT.R1(c): TRUE COPY OF AFFIDAVIT OF 2ND RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 1771 OF 2009 (J) ===================== Dated this the 5th day of November, 2009 J U D G M E N T The petitioner is the mother of one Mr.Joy Davidson, who was an employee of the 1st respondent. He expired on 3/11/2007. The 2nd respondent is the wife of the deceased and respondents 3 and 4 are his sisters. 2. There are two prayers in this writ petition. The first prayer is to direct the 1st respondent to disburse DCRG benefits due to the petitioner being one of the legal heirs of the deceased. The second prayer is not to confirm the probation of the 2nd respondent, who has been appointed under the compassionate appointment scheme. The second prayer is not pressed before me, when the matter was taken up for hearing. 3. Counsel for respondents 3 and 4 submit that they are not put forwarding any claim for any share for the DCRG that is due. 4. In so far as respondents 1 and 2 are concerned, the 1st respondent has filed a counter affidavit enclosing Ext.R1(c), an affidavit filed by the 2nd respondent, where it is stated thus: WPC 1771/09 :2 : I have no objection in giving one half of the terminal and all other benefits of late Sri.Joy Davidson from KBPS including Provident Fund and Gratuity to his mother Smt.Mathiri Davidson the remaining one half may be paid to me. I reserve the right for compassionate appointment under the dying in harness scheme. The petitioner is satisfied with the offer thus made by the 2nd respondent and the 2nd respondent also confirms her willingness to abide by the statement in the affidavit. In view of the above, the writ petition is disposed of directing that the 1st respondent shall disburse 50% of the DCRG to the petitioner and the balance 50% shall be disbursed to the 2nd respondent. This shall be done, as expeditiously as possible, at any rate within 4 weeks of production of a copy of this judgment. ANTONY DOMINIC, JUDGE Rp