IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 7821 of 2011(C) --------------------------------------- PETITIONER(S): --------------------- ARIFA.T.K,W/O.LATE M.K.KUNHAMMED, AGED 44 YEARS,RESIDING AT BLACK STONE,PATTIYAM, PATHAYAKUNNU.P.O,THALASSERY. BY ADVS. SRI.K.S.MADHUSOODANAN, SRI.T.V.JAYAKUMAR NAMBOODIRI, SRI.THUSHAR NIRMAL SARATHY, SRI.M.M.VINOD KUMAR, SRI.P.K.RAKESH KUMAR, SMT.M.A.RUXANA. RESPONDENT(S): -------------------------- 1. STATE OF KERALA,REPRESENTED BY SECRETARY, EDUCATION DEPARTMENT,GOVERNMENT OF KERALA, THIRUVANANTHAPURAM - 695 001. 2. ACCOUNTANT GENERAL(A & E) THIRUVANANTHAPURAM - 695 001. 3. ASSISTANT EDUCATIONAL OFFICER, THODANNOOR, VADAKARA - 678 532. 4. JALEEL,AGED 32 YEARS,S/O.LATE KUNHAMMED, MULANILAM KUNIYIL HOUSE,THIRUVALLOOR AMSOM, PONMERI.P.O,VADAKARA - 678 532. R1 TO R3 BY GOVERNMENT PLEADER SRI. L.G.SURESH BABU R4 BY ADV. SRI.T.G.RAJENDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.7821/2011 C APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER BEARING NO.P7/PENSION/1331/L/00-01/434 DTD. 28/01/10. P2: COPY OF THE ORDER BEARING NO.P7/PENSION/1331/OL/00-01 DTD. 23/02/10. P3: COPY OF THE CERTIFICATE ISSUED BY JOINT SECRETARY AND KHATIB OF NUSRATHUL ISLAM SANGHAM, JUMAMASJID AND MADRASSA, ERUVATTY DTD. 4/03/2010. P4: COPY OF THE REPRESENTATION TO THE 3RD RESPONDENT DTD. 8/03/2010. P5: COPY OF THE CERTIFICATE ISSUED BY MUHAMMED MUSALIYAR, KHASI, THALASSERY DTD. 30/12/10. P6: COPY OF THE LAWYER NOTICE TO THE RESPONDENTS 2 AND 3 DTD. 30/12/10. P6(A): COPY OF THE A.D. CARD RECEIVED BY THE 2ND RESPONDENT. P6(B): COPY OF THE A.D. CARD RECEIVED BY 3RD RESPONDENT. RESPONDENT'S ANNEXURES: ANNEX.R3(A): COPY OF FORM A ISSUED TO THE PETITIONER. ANNEX.R53(B): COPY OF THE CERTIFICATE ISSUED BY KHASI TO THE PETITIONER. /TRUE COPY/ P.A.TO JUDGE Kss C.T.RAVIKUMAR, J. = = = = = = = = = = = = = WP(C).No.7821 of 2011-C. = = = = = = = = = = = = = Dated this the 27th July, 2011. J U D G M E N T A detailed narration of the facts is not called for in this writ petition in the light of the affidavit filed on behalf of the 3rd respondent in this writ petition. The facts in succinct necessary for the disposal of this writ petition are as follows:- 2. The petitioner is a widow of one Sri.M.K.Kunhammed who committed suicide on 29.3.2009 while working as Upper Division Clerk under the 3rd respondent. Ext.P1 would reveal that, thereafter, family pension was authorised and based on such authorisation the petitioner had been drawing family pension from 2009 onwards till 1.2.2010. However, the payment was discontinued on account of a complaint preferred by the 4th respondent. Though the 4th respondent has entered appearance he has not WP(C).No.7821/2011-C. 2 filed any counter-affidavit in this writ petition. In the complaint preferred by the 4th respondent he contended that the marriage between the petitioner and the deceased M.K.Kunhammed was dissolved. Whether it was dissolved or in a manner legally recognized is not discernible from his complaint. Even at the time of hearing the 4th respondent has not produced any material to show the marriage between the petitioner and the said M.K.Kunhammed was dissolved. In the light of the said averments, rather, the complaint of the 4th respondent, the petitioner has produced a document issued by Sri.K.P.Muhammed Musaliar-Khasi, Thalassery at the time of hearing conducted on 6.7.2011 by the 3rd respondent pursuant to an interim order passed by this court on 9.6.2011. Even at the time of enquiry the 4th respondent has not produced any material before the 3rd respondent to show that the marriage between the petitioner and WP(C).No.7821/2011-C. 3 Sri.M.K.Kunhammed was dissolved. In the enquiry conducted on 6.7.2011 all relevant records kept in the office including Form A signed by Sri.M.K.Kunhammed, produced by the 3rd respondent along with the affidavit as Ext.R3(a) were taken into consideration. Ext.R3(a) is the nomination which would show that the petitioner is shown as the nominee for the family pension. It is also submitted that at no point of time the said office has received any information regarding change of nominee. That apart, it is stated that the document produced by the petitioner with the certificate issued by Sri.K.P.Muhammed Musaliar-Khasi as Ext.R3(b) would corroborate the document produced by the petitioner to prove her dependency. Thus a perusal of the affidavit would reveal that there was absolutely no reason for discontinuing with the family pension being paid to the petitioner on the strength of Ext.P1. At the same time it is evident from the affidavit that though WP(C).No.7821/2011-C. 4 the petitioner had been drawing family pension from 2009 onwards, it was discontinued on 1.2.2010. In the said circumstances, it is declared that the petitioner is entitled to continue to receive the family pension on the strength of Ext.P1. The official respondents shall take appropriate steps for disbursement of arrears of family pension to the petitioner within a period of three months from the date of receipt of copy of this judgment. Needless to say that they shall continue to pay the family pension to the petitioner in accordance with the rules. The writ petition is disposed of as above. C.T.RAVIKUMAR, (Judge) Kvs/-