IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(C).No. 31676 of 2005(U) -------------------------- PETITIONER: --------------- P.K. REKHA, SARAS VIHAR, KUNNUKUZHY, TRIVANDRUM. BY ADV. SRI.C.S.RAMANATHAN RESPONDENTS: --------------- 1. THE CHAIRMAN, COCHIN PORT TRUST, WILLINGDON ISLAND, COCHIN-3. 2. THE MECHANICAL SUPERINTENDENT, OFFICE OF THE MECHANICAL SUPERINTENDENT, COCHIN PORT TRUST, WILLINGDON ISLAND, COCHIN-3. 3. THE INDUSTRIAL RELATIONS OFFICER, OFFICE OF THE INDUSTRIAL RELATIONS OFFICER, COCHIN PORT TRUST, WILLINGDON ISLAND, COCHIN. 4. ANIL DEV V.L., NAVARANGAM, PUTHUKKARI, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM DISTRICT. ADV. SRI. B.S.KRISHNAN (SR), SC FOR COCHIN PORT TRUST SRI.K.ANAND (A.201) FOR R1TO3 SMT.LATHA KRISHNAN FOR R1TO3 SRI.G.S.REGHUNATH FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.31676/05 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. COPY OF THE COMMUNICATION DT. 13.2.04 TO THE 2ND RESPONDENT. EXT.P2. COPY OF THE COMMUNICATION DT. 24.3.05. EXT.P3. COPY OF THE COMMUNICATION DT. 18.4.05 ISSUED BY THE 3RD RESPONDENT. EXT.P4. COPY OF THE JUDGMENT DT. 31.7.04 BEFORE THE FAMILY COURT, THIRUVANANTHAPURAM. EXT.P5. COPY OF THE APPLICATION DT. 30.1.04. EXT.P6. COPY OF THE REPLY DT. 7.8.04. EXT.P7. COPY OF THE CERTIFICATE ISSUED FROM THE POSTAL TELECOM BSNL EMPLOYEES CO-OPERATIVE SOCIETY, THIRUVANANTHAPURAM. /TRUE COPY/ PA TO JUDGE ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 31676 OF 2005 -------------------------- Dated this the 27th day of July, 2010 J U D G M E N T Petitioner is one of the wives of late Sri.Asokan, who was an Assistant Engineer in the Cochin Port Trust. Prior to the petitioner's marriage, Asokan had married one Anitha, who expired on 25.8.1991. Subsequently Sri. Asokan also died of heart attack on 10.5.2003. It appears that Asokan had two children in his first wedlock with Smt. Anitha and those children were living with Sri.Asokan and the petitioner. Subsequent to the death of Asokan, Cochin Port Trust disbursed all the benefits to the petitioner, including family pension and that such payments appear to have been made till March, 2005. At about that stage, the fourth respondent approached the Family Court, Thiruvananthapuram and obtained a judgment appointing him as the guardian of the two children in the first marriage. On account of the above, payment of family pension was discontinued by the Cochin Port Trust with effect from 1.4.2005 and it is in these circumstances, the writ petition has been filed. 2. I heard the learned counsel appearing for the petitioner, the learned standing counsel appearing for respondents 1 to 3 and also the learned counsel appearing for the fourth respondent. WPC No.31676/05 2 3. In the counter affidavit, respondents 1 to 3 have accepted that being one of the wives of the deceased, in view of the provisions contained in Rule 54(7)(a)(1) of the Central Civil Service Pension Rules, 1972, petitioner is entitled to equal share in the family pension and that the two children in the first marriage are entitled to the remaining half. Such payment of family pension is acceptable to the fourth respondent also. 4. Taking into account the submissions made by the parties, it is directed that the family pension due on account of the death of Sri. Asokan, Assistant Engineeer, Cochin Port Trust, will be paid in equal share to the petitioner and the fourth respondent on behalf of the two children of Sri. Asokan in the first marriage which he had with late Smt. Anitha. Payment along with arrears will be made within a period of six weeks from the date of receipt/production of a copy of this judgment and continued payment will also be made as per the rules. The writ petition is disposed of as above. ANTONY DOMINIC (JUDGE) vps WPC No.31676/05 3 WPC No.31676/05 4