IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 10TH JUNE 2008 / 20TH JYAISHTA 1930 WP(C).No. 15151 of 2008(D) -------------------------- PETITIONER: ------------ 1. BABY OUSEPH XAVIER, AGED 49, W/O.LATE XAVIER, PULIMOOTTIL PARAMBU, H.NO. XII/1150, PANAYAPILLY, COCHIN. 2. LIXON @ DIXON, S/O.LATE OUSEPH XAVIER, -DO- BY ADV. SRI.K.S.MADHUSOODANAN SRI.T.V.JAYAKUMAR NAMBOODIRI SRI.THUSHAR NIRMAL SARATHY SRI.M.M.VINOD KUMAR SMT.K.M.RAMYA RESPONDENTS: ------------- 1. STATE OF KERALA TO BE REP. BY SECRETARY LOCAL SELF GOVERNMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. DIRECTOR OF MUNICIPAL ADMINISTRATION, THIRUVANANTHAPURAM. 3. SECRETARY, CORPORATION OF COCHIN, ERNAKULAM. BY SC SRI.RAMESH BABU GP SMT.SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).15151/2008 -------------------- Dated this the 10th day of June, 2008 JUDGMENT First petitioner's husband and second petitioner's father, late Ouseph Xavier, who was in contingent service as drain worker in the Kochin Corporation, died while in harness on 5.5.2007. They are aggrieved by the delay in the disbursal of retirement benefits and also the delay in processing the application submitted by the petitioners for appointment under the dying-in-harness scheme. 2. I heard learned counsel for the petitioner and the learned Standing Counsel for the Corporation. 3. Learned counsel for the Corporation submits that necessary papers are yet to be submitted by the petitioners. 4. There cannot be any delay in the processing of papers relating to the deceased for disbursal of retirement W.P.(C).15151/2008 2 benefits. So also the application for appointment under the dying-in-harness scheme should be considered without delay. 5. In the result, writ petition is disposed of directing the third respondent to process the papers relating to the benefits due under the account of late Ouseph Xavier, within a period of two months from the date of receipt of a copy of this judgment. It is further directed that orders shall be passed by the third respondent in the matter of application filed by the petitioners for appointment under the dying-in-harness scheme, within a period of three months thereafter. V.GIRI, Judge mrcs