IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15151 of 2008(D)
1. BABY OUSEPH XAVIER, AGED 49,
... Petitioner
2. LIXON @ DIXON, S/O.LATE OUSEPH XAVIER,
Vs
1. STATE OF KERALA TO BE REP. BY SECRETARY
... Respondent
2. DIRECTOR OF MUNICIPAL ADMINISTRATION,
3. SECRETARY, CORPORATION OF COCHIN,
For Petitioner :SRI.K.S.MADHUSOODANAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.GIRI
Dated :10/06/2008
O R D E R
V.GIRI, J
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W.P.(C).15151/2008
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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