High Court Kerala High Court

Baby Ouseph Xavier vs State Of Kerala To Be Rep. By … on 10 June, 2008

Kerala High Court
Baby Ouseph Xavier vs State Of Kerala To Be Rep. By … on 10 June, 2008
       

  

  

 
 
  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
                        -------------------
                    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