THALASSERY MUNICIPALITY Vs. KERALA STATE HUMAN RIGHTS COMMISSION

JUDGEMENT

(1.) Instant writ petition is filed for the following reliefs:

(2.) Short facts leading to the filing of the writ petition are that a sanitation worker of Thalassery Municipality died on 11.09.2005 while she was in service. Her son, respondent No.4, submitted an application on 17.10.2006 for getting pensionary benefits. Along with the application, he produced death certificate, legal heir-ship certificate and the certificate showing his age. Thereafter, he was issued with several communications directing to produce the required documents. According to the petitioner, he has failed to comply with the same.

(3.) On 26.07.2018, he preferred another application claiming pensionary benefits, which was not considered for the reason that by that time he had crossed the age of 25 years. According to the petitioner, as per Rule 90(3) of Part III KSR, male children aged about 25 years are not entitled to pension. Respondent No.3, brother of the 4th respondent, approached Kerala State Human Rights Commission, respondent No.1, by filing HRMP No.8679/ 2018/KNR, wherein the Municipality entered appearance and filed a statement on 30/10/2018 refuting the contentions of the 3rd respondent. Similarly, the 3rd respondent preferred another complaint before the Scheduled Caste/Scheduled Tribe Commission, Thiruvananthapuram. The petitioner gave a reply and the Commission has passed an order dated 20.12.2018 (Exhibit-P4) directing that the documents have to be produced on time without any delay, and provident fund and other benefits have to be granted to the legal heirs as soon as possible.