IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 32418 of 2011(B) ---------------------------------------- PETITIONER(S): ------------------------- 1. USHADEVI.M.K., W/O.LATE DR.A.SANKARAN, DHAWALAGIRI, PALLOM.P.O., KOTTAYAM DISTRICT. 2. SARADAMMA ALIAS SARADA, W/O.LATE ACHUTHA MENON, DHAWALAGIRI, PALLOM.P.O., KOTTAYAM DISTRICT. 3. PARVATHY ALIAS PARVATHY SHANKAR, D/O.LATE DR.A.SANKARAN, DHAWALAGIRI, PALLOM.P.O., KOTTAYAM DISTRICT. 4. MEENAKSHI ALIAS MEENAKSHI SHANKAR, D/O.LATE DR.A.SANKARAN, DHAWALAGIRI, PALLOM.P.O., KOTTAYAM DISTRICT. BY ADVS. SRI.M.P.KRISHNAN NAIR SMT.RAJESWARI KRISHNAN SRI.V.B.NARAYANAN SRI.K.K.VIVEKANANDAN SRI.ANIYANKUNJU VARGHESE RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REP.BY SECRETARY TO THE MINISTRY OF HEALTH,GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001. 2. THE SECRETARY, MINISTRY OF HEALTH, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695 001. 3. DISTRICT MEDICAL OFFICER,ERNAKULAM, KOCHI-682 011. 4. TALUK HEADQUARTERS HOSPITAL, PERUMBAVOOR-683 542, REP.BY MEDIACL SUPERINTENDENT. 5. ACCOUNTANT GENERAL, STATE OF KERALA, THIRUVANANTHAPURAM.695 001. 6. MRS.SALMA DHIVAR, W/O.DHIVAR, MUCHETH HOUSE, ARAKKAPPADDY VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT, PONJASSERI-683 547. R1 TO R5 BY SR GOVERNMENT PLEADER SRI.E.M.ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.32418/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE JUDGMENT IN O.S.NO.78/2007 PASSED BY SUB JUDGE, PERUMBAVOOR. P2 COPY OF THE DECREE IN O.S.NO.78/2007 PASSED BY SUB JUDGE, PERUMBAVOOR. P3 COPY OF THE LETTER DATED 3/6/2011 SENT BY SUB JUDGE, PERUMBAVOOR TO THE SUPERINTENDENT OF TALUK HEADQUARTER HOSPITAL, PERUMBAVOOR. P4 COPY OF THE LETTER DATED 20/6/2011 SENT BY THE SUPERINTENDENT, TALUK HEADQUARTERS HOSPITAL, PERUMBAVOOR. P5 COPY OF THE REPRESENTATION DATED 12TH SEPTEMBER, 2011 SUBMITTED BY THE PETITIONERS BEFORE THE RESPONDENT NOS.1 TO 5. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 32418 OF 2011 ----------------------------------------------------------- Dated this the 13th December, 2011. JUDGMENT The petitioners are the legal heirs of late Dr. A.Sankaran who was an Orthopaedic Surgeon. He died on 16-7-2005. The petitioners complain that his retirement benefits have not been disbursed so far. 2. The sixth respondent had filed a suit O.S.78/2007 before the Sub Court, Perumbavoor claiming compensation from late Dr. A.Sankaran for damages suffered by her in an operation conducted by him. As per Ext.P2, the suit was decreed in part and sixth respondent was held entitled to recover an amount of Rs.60,000/- from the defendants in the said suit as compensation. The defendants therein are the Government of Kerala, District Medical Officer, The Taluk Headquarters Hospital, Perumbavoor and Dr. A.Sankaran. According to the petitioners, the respondents are initiating steps to recover an amount of Rs. 1,15,753/- from the retirement benefits of Dr. Sankaran. 3. It is contended by the counsel for the petitioners that as per Section 4 of the Payment of Gratuity Act, the respondents are WPC 32418/2011 2 not entitled to deduct any such amount from the gratuity payable to a deceased employee. It is the case of the petitioners that they are entitled to be disbursed the full amount of gratuity and other retirement benefits. They have therefore submitted Ext.P5 representation to the respondents. The petitioners seek the issue of a direction for the consideration and disposal of Ext.P5. 4. I have heard the learned Govt. Pleader also. Since the petitioners are confining their prayers to a limited relief, it is not necessary for me to consider the contentions of the petitioners on the merits. It is sufficient that this writ petition is disposed of directing the first respondent to consider and dispose of Ext.P5. 5. This writ petition is in the above circumstances disposed of directing the first respondent to consider the grievances of the petitioners detailed in their representation evidenced herein by Ext.P5 in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 32418/2011 3