M.J.Mary vs Corporation Of Cochin on 4 November, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 32392 of 2008(F)


1. M.J.MARY,AGED 62, W/O.JOSEPH,
                      ...  Petitioner

                        Vs



1. CORPORATION OF COCHIN,
                       ...       Respondent

                For Petitioner  :SRI.K.S.MADHUSOODANAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :04/11/2008

 O R D E R
                              P.N.Ravindran, J.
                       =====================
                        W.P(C).No.32392 of 2008
                       =====================

               Dated this the 4th day of November, 2008.

                               JUDGMENT

Heard Sri.K.S.Madhusoodanan, the learned counsel appearing for

the petitioner and Sri.C.M.Suresh Babu, the learned standing counsel

appearing for the Cochin Corporation.

2. The petitioner is a former employee of the Cochin Corporation.

She retired from service on 30.9.2006 on attaining the age of

superannuation. Though her terminal benefits have been disbursed,

gratuity, arrears of salary which she is entitled to consequent on the

revision of pay with effect from 1.7.2004 and the revised pensionary

benefits have not so far been disbursed. The petitioner submits that

claiming the said benefits, she has filed Ext.P2 representation dated

17.9.2008 before the Secretary, Cochin Corporation and that the

Secretary may be directed to consider the same, take a decision thereon

and disburse the monetary benefits expeditiously.

3. The petitioner admittedly retired from service on 30.9.2006.

The scale of pay of employees of the Cochin Corporation was revised with

effect from 1.7.2004 in implementation of the 2004 pay revision.

Therefore, the petitioner is entitled to have her pay revised with effect

from 1.7.2004 and payment of arrears thereof from 1.7.2004 till

30.9.2006. Consequently, she would also be entitled to revised

WP(C) 32392/08 -: 2 :-

pensionary benefits. The respondent has not so far been extended the

said benefit to the petitioner. Such being the situation, I dispose of the

Writ Petition with a direction to the Secretary, Cochin Corporation to

extend to the petitioner the benefits flowing from 2004 pay revision

which was implemented in the Cochin Corporation with effect from

1.7.2004. The Secretary, Cochin Corporation shall within three months

from today, re-fix the pay and allowances payable to the petitioner and

also the terminal benefits taking note of the pay revision introduced with

effect from 1.7.2004 and disburse the arrears thereof.

P.N.Ravindran,
Judge.

ess 8/11