IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 WP(C).No. 35812 of 2007(L) -------------------------- PETITIONER: ------------ DIXON C.D., S/O.LATE DEVASSY, AGED 30 YEARS, CHAKKALAKKAL HOUSE, THOPPUMPADY, COCHIN - 5. BY ADV. SRI.T.H.ABDUL AZEEZ SMT.RACHEL CHERIAN RESPONDENTS: ------------- EMPLOYEES PROVIDENT FUND ORGANISATION, REPRESENTED BY ASSISTANT PROVIDENT COMMISSIONER, SUB-REGIONAL OFFICE, KALOOR, COCHIN - 17. BY ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. SMT.T.N.GIRIJA, SC,EPF ORGANISATION THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.35812 OF 2007 ---------------------------------------- Dated this the 4th day of January, 2008 JUDGMENT The petitioner is the legal heir of an employee, who was eligible for pension under the Employees' Pension Scheme, 1995 under the Employees Provident Funds and Miscellaneous Provisions Act. On the death of the said employee, the petitioner filed an application before the respondent claiming pension due to the said employee. In support of his claim, he filed Ext.P4 Certificate of Administration issued by the Administrator-General under Section 30 of the Administrators-General Act, 1963. The respondent refused to act on the same and insisted on production of a Succession Certificate issued by a Civil Court. It is under the above circumstances, the petitioner approached this Court seeking the following reliefs: “to issue a writ of mandamus or any other appropriate writ, order or direction to the Respondent directing him to receive the Original Certificate of Administration obtained by the petitioner from the Administrator-General of Kerala, act upon it and disburse the amount of Rs.88,800-00 W.P.(c) No.35812/07 2 (Eighty-eight thousand eight hundred only) being the pension under EPS'95 due in the name of the deceased Devassy, to the petitioner forthwith. 2. Learned standing counsel for the Provident Fund Organisation submits that the respondent could not act on Ext.P4 only because Ext.P4 is issued in the name of only one of the two legal heirs of late Sri. C.T. Devassy, the employee concerned. 3. I have heard both the parties. The view of the respondent is on an incorrect understanding of the procedure under the Administrators-General Act, 1963. The certificate is issued after production of consent by all the legal heirs and therefore a Certificate of Administration issued under the Act is as good as a Succession Certificate issued by a Civil Court, which is the settled law also. In the above circumstances, there is no justification for the respondent to deny benefits due to the petitioner on the basis of Ext.P4. 4. Accordingly, I direct the respondent to consider and dispose of the petitioner's application for pension as due to late Sri. C.T. Devassy on the strength of Ext.P4 Certificate of Administration. This shall be done within a period of one W.P.(c) No.35812/07 3 month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd