Judgment · High Court · 2008
Judgment
BY ADV. SRI.PIRAPPANCODE V.SREEDHARAN NAIR SRI.S.P.ARAVINDAKSHAN PILLAY SRI.PIRAPPANCODE V.S.SUDHIR SRI.SAJU JOHN SRI.V.VARGHESE SRI.R.V.SREEJITH RESPONDENT(S): ----------------------------
#1. CANARA BANK, REPRESENTED BY ITS GENERAL MANAGER,PERSONNEL WING, HEAD OFFICE, J.C.ROAD, BANGALORE-560 002.
#2. THE DEPUTY GENERAL MANAGER, CANARA BANK, STAFF SECTION (W), CIRCLE OFFICE, THIRUVANANTHAPURAM. ADV. SRI.M.C.SEN (SR.) FOR R1& R2 SRI.M.P.SREEKRISHNAN SMT.SHAHNA KARTHIKEYAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.26025/2005 PETITIONERS EXHIBITS APPENDIX P1:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DT. 3.10.02 BEFORE THE 2ND RESPONDENT. P2:- COPY OF THE CERTIFICATE NO.A3/16175/02/K.DIS DT. 9.10.02 ISSUED BY THE TAHSILDAR, THIRUVANANTHAPURAM. P3:- COPY OF THE CERTIFICATE DT. 2.12.02 ISSUED BY THE ASSISTANT DISTRICT TREASURY OFFICER, DISTRICT TREASURY, THIRUVANANTHAPURAM. P4:- COPY OF THE CIRCULAR NO.154/93 DT. 8.5.93. P5:- COPY OF THE LETTER NO.TSW:T-870847:SSP DT. 8.2.03 OF THE 2ND RESPONDENT. P6:- COPY OF THE REPRESENTATION DT. 6.6.03 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. P7:- COPY OF THE LETTER NO.PWPM:841:003:HS DT. 1.7.03 FROM THE DIVISIONAL MANAGER, PERSONNEL MANAGEMENT SECTION, PERSONNEL WING. /TRUE COPY/ P.A.TO JUDGE KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.26025 of 2003 ---------------------------------------------- Dated 10th November, 2008. J U D G M E N T The prayer is for appointment under the dying-in- harness scheme. According to the petitioner, the terminal benefits received by the dependants of the deceased employee cannot be considered for determining the financial position. That issue is covered against the petitioner by the decision of the Supreme Court in General Manager (D&PB) v. Kunti Tiwary (2004)7 SCC 271). The writ petition is therefore, dismissed. KURIAN JOSEPH, JUDGE. KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.26025 of 2003 ---------------------------------------------- J U D G M E N T Dated 10th November, 2008.
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