IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 11TH FEBRUARY 2010 / 22ND MAGHA 1931 WP(C).No. 29466 of 2005(G) -------------------------------------- PETITIONERS: --------------------- 1. KOLLIYATH NABEESA, W/O.T.M.ALAVI, KOLLIYATH HOUSE, PANDIKKAD P.O. MALAPPURAM DISTRICT. 2. T.M.SOUDHA, D/O.T.M. ALAVI, KOLLIYATH HOUSE, PANDIKKAD P.O. MALAPPURAM DISTRICT. BY ADV. MR.P.SAMSUDIN. RESPONDENTS: ------------------------ 1. THE SALES TAX OFFICER, MANJERI. 2. THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF COMMERCE, THIRUVANANTHAPURAM. *ADDL. RESPONDENTS 4 TO 8 IMPLEADED: 4. THARAMANNIL ABDULLA KUTTY, S/O. THARAMANNIL ALAVI, THARAMANNIL HOUSE, PULLANCHERI.P.O. MANJERI. 5. THARAMANNIL FATHIMA, D/O. THARAMANNIL ALAVI, THARAMANNIL HOUSE, PULLANCHERI.P.O., MANJERI. 6. THARAMANNIL KADEEJA, D/O. THARAMANNIL ALAVI, THARAMANNIL HOUSE, PULLANCHERI.P.O., MANJERI. W.P.(C). NO.29466/2005-G: 7. THARAMANNIL AJI, S/O. THARAMANNIL ALAVI, THARAMANNIL HOUSE, PULLANCHERI.P.O., MANJERI. 8. THARAMANNIL ABBAS, S/O. THARAMANNIL ALAVI, THARAMANNIL HOUSE, PULLANCHERI.P.O., MANJERI. *ADDL. RESPONDENTS 4 TO 8 ARE IMPLEADED AS PER ORDER DATED 24/01/2007 IN I.A. NO. 1110/2007. R1 TO R3 BY GOVERNMENT PLEADER MR. RAMANATHAN, R4 BY ADV. MR.BABU S. NAIR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.29466/2005-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE NOMINATION IN FAVOUR OF THE PETITIONERS. EXT.P.2: COPY OF THE JUDGMENT OF THIS COURT IN O.P. 28466/2001. EXT.P.3: COPY OF THE REPRESENTATION DT. 28/10/2002 SUBMITTED BEFORE THE R.1. EXT.P.4: COPY OF THE LETTER ISSUED BY THE ASSISTANT COMMISSIONER OF SALES TAX, MANJERI. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.29466 OF 2005 ------------------------------------------- Dated this the 11th day of February, 2010 JUDGMENT 1.This writ petition was filed by two persons claiming to be the wife and daughter of T.M.Alavi who was a part time sweeper in the Sales Tax Department. I.A.1110/07 was thereafter filed supported by the affidavit of the second petitioner seeking impleadment of the other legal representatives of the deceased person. With these materials, the petitioners seek relief by way of direction to the second respondent to issue orders sanctioning and disbursing gratuity and other retiral benefits of the deceased. 2.The official respondents are on record with the counter affidavit on behalf of the first respondent. It is pointed out by the first respondent that the late Government servant T.M.Alavi had three wives and six children and the application for DCRG was filed by the first petitioner who is the third WPC.29466/05 2 among the wives of the deceased. With this, the nomination in favour of the first petitioner was adverted to and since contradictory claims are made, the parties have to approach the civil court, it is contended. 3.The first petitioner is the nominee, going by Ext.P1 and on divorce, the second petitioner will be the nominee. The correctness and reliability of Ext.P1 has to be ascertained by the officials. Release of DCRG and other retiral benefits have to be accordingly done on the basis of the nomination made by the deceased Government servant, though such release will be on behalf of all persons who are entitled to, and any person claiming part of such share may be entitled to move the competent court. 4.In the aforesaid circumstances, the competent among the respondents will issue final orders on the request for DCRG acting on any nomination of which the department is satisfied as to its genuineness and release the retiral benefits in terms WPC.29466/05 3 of what is stated above. Let this be done within a period of three months from the date of receipt of a copy of this judgment. The writ petition is ordered accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.19/02.