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2011 Supreme(Ker) 1010

C.T.RAVIKUMAR
K. Baby Sobhana – Appellant
Versus
Kerala State Road Transport Corporation – Respondent


Advocates:
Advocate Appeared:
For the Appellant : N. Unnikrishnan, V.V. Nandagopal Nambiar
For the Respondents: Johnson P. John, James Koshy N.

JUDGMENT :

C.T. Ravikumar, J.

The petitioner's husband died in harness on 2.7.1997 while working: as a conductor under the Kerala State Road Transport Corporation, Thereupon, the petitioner was given compassionate appointment by the first respondent. This writ petition has been filed mainly challenging the recovery effected by the respondents from the death-cum-retirement gratuity payable to the petitioner on account of the death of her husband and also from the pension arrears, under different heads. After the death of the petitioner's husband, the DCRG and other benefits payable were admitted as per Ext. P1 dated 9.4.1999. As per Ext. P1, an amount of Rs. 25,620/- was admitted towards the DCRG, but, it is stated therein that the entire admitted DCRG, would be adjusted towards the liability of the deceased-employee mentioned specifically therein. The heads of recovery have been shown thereunder as excess pay recovery, funeral expenses, monetary value of increment bar, short remittance of Co-operative society dues. It is submitted that talking into account the fact that the amount due to the Co-operative society from the deceased viz., Rs. 5253/- was paid by the petitioner herein to




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