High Court Kerala High Court

The Managing Director vs Sri.Sobha S.Pillai on 18 October, 2007

Kerala High Court
The Managing Director vs Sri.Sobha S.Pillai on 18 October, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 30934 of 2007(G)


1. THE MANAGING DIRECTOR,
                      ...  Petitioner

                        Vs



1. SRI.SOBHA S.PILLAI,
                       ...       Respondent

                For Petitioner  :SRI.K.PRABHAKARAN, SC, K.S.R.T.C.

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :18/10/2007

 O R D E R
                                   K.M.JOSEPH, J.

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                  W.P.(c).No.30934 OF 2007

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                     Dated this the 18th day of October, 2007



                                      JUDGMENT

Husband of the respondent who retired on 30/06/2005 had to be

treated for brain tumor and he passed away after treatment at Amritha

hospital. Respondent has approached the Lok Ayuktha and obtained

Ext.P3 order. The matter in issue is settled in favour of the petitioner

Corporation by virtue of the decision in W.P.(C)No.19040/2007. I heard

learned counsel for the respondent also.

Petitioner is entitled to the declaration in terms of prayer No.2.

Accordingly, I grant prayer No.2. I feel that the respondent has made

out a case for deviation from the principle of seniority. Accordingly

I quash Ext.P3 and there will be a direction to the petitioner to pay to

the respondent the amount due as DCRG to the late husband of the

respondent or Commuted Value of Pension whichever is higher within a

period of one month from the date of receipt of a copy of this

judgment.

(K.M.JOSEPH, JUDGE)

sv.