IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 19TH AUGUST 2009 / 28TH SRAVANA 1931 WP(C).No. 23090 of 2009(S) -------------------------- OA.888/2005 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): --------------- 1. SUJA PILLAI.K., D/O.M.A.KUMARA PILLAI, AGED 32, PLAPPALLI MADHOM HOUSE, KAVUMPADY, MUVATTUPUZHA, ERNAKULAM DISTRICT, KERALA - 686661. 2. SAJESH PILLAI.K., S/O.M.A.KUMARA PILLAI, AGED 28, PLAPPALLI MADHOM HOUSE, KAVUMPADY, MUVATTUPUZHA, ERNAKULAM DISTRICT, KERALA - 686661. BY ADVS. SRI.S.EASWARAN SRI.P.MURALEEDHARAN (IRIMPANAM) RESPONDENT(S): --------------- 1. THE GENERAL MANAGERS, SOUTH WESTERN RAILWAY, HUBLI - 20, KARNATAKA. 2. THE DIVISIONAL CONTROLLER OF STORES, GENERAL STORES DEPOT, SOUTH WESTERN RAILWAY, HUBLI - 20, KARNATAKA. BY ADV. SRI. V.B. SUNIL NATH (SC FOR RAILWAYS) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO.23090/2009 APPENDIX PETITIONERS' EXHIBITS: Ext.P1: Copy of proceedings dated 5.3.2003 issued by the Chief Personnel Officer of the South Central Railway. Ext.P2: Copy of the order dated 31.10.2000 issued by the Chief Personnel Officer of the South Central Railway. Ext.P3: Copy of the order dated 24th July, 2007in O.A. N o.888 of 2005 of the Central Administrative Tribunal. Ext.P4: Copy of communication No.PB/P500/MAKP/5408 dated 8.1.2008 issued on behalf of the respondents. Ext.P5: Copy of communication No.PB/P.500/MAKP/5504 dated 14.1.2008/17.01.2008 issued on behalf of the respondents. Ext.P6: Copy of communication No.PB/P500/MAKP dated 17.1.2008 issued on behalf of the petitioners. Ext.P7: Copy of affidavit dated filed on behalf of the respondent. Ext.P8: Copy of Succession Certificate dated 21.5.2008 issued by the Court of Munsiff, Muvattupuzha. Ext.P9: Copy of Heirship Certificate dated 13.6.2008 issued by the Tahsildar, Muvattupuzha. Ext.P10: Copy of order dated 4.3.2008 in C.P.(C)No.2 of 2008 issued by the Central Administrative Tribunal. Ext.P11: Copy of communication dated 10.09.2008 issued on behalf of the respondents. Ext.P12: Copy of petition dated 15.2.2000 submitted by the 2nd petitioner before the Sun Inspector of Police, Hubli Police Station. W.P.(C)NO.23090/2009 Ext.P13: Copy of petition dated 13.2.2003 submitted by the 2nd petitioner before the Inspector of Protection Force, Hubli Railway Station. Ext.P14: Copy of petition dated 4.6.2003 submitted by the 2nd petitioner before the Sub Inspector of Police, Hubli Police Station. Ext.P15: Copy of representation dated 22.2.2008 submitted by the 1st petitioner before the Sub Inspector of Police, Hubli Police Station. Ext.P16: Copy of order dated 6.3.2009 in M.A.No.734 of 2008. RESPONDENTS' EXHIBITS: NIL. KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. --------------------------------------------- W.P.(C) NO. 23090 OF 2009 --------------------------------------------- Dated this the 19th day of August, 2009 JUDGMENT Kurian Joseph, J. The Writ Petition is filed with the following prayers: a) issue a writ of certiorari or other appropriate writs, directions or orders calling for the records leading upto Exhibit P16 order and quash Exhibit P3 order to the extent of directing the petitioners to produce the police report before the respondents in addition to the succession certificate and Heirship Certificate and to quash Exhibit P16 order to the extent of the finding of the tribunal that the contempt petition does not lie; b) to issue a writ of mandamus or other appropriate writ, directions or orders compelling the respondents to disburse to the petitioners the service benefits of M.A. Kumara Pillai on the basis of the Succession Certificate as well as the Heirship certificates furnished by the petitioners. 2. In Ext.P3 order, the Central Administrative Tribunal, Ernakulam Bench in paragraph 14 held as follows: W.P.(C) NO. 23090/2009 2 “14. The employee must, therefore be treated to have died after the expiry of seven years from the date his leave expired in October, 1996. The period upto which he served should in accordance with law, be treated as qualifying period for working out the terminal benefits payable to his legal heirs. For this purpose the applicants are supposed to obtain in addition to a police report confirming that the whereabouts of the missing individual is not known, a succession certificate from the competent court. They could also obtain from the Tahsildar a legal heir certificate, if so desired. It is however, preferable that indicating the total quantum which would be available as terminal benefits, if due succession certificate is obtained. Respondents are therefore to work out the terminal benefits accrued in respect of Shri M.A.Kumara Pillai including the Provident Fund, General, Insurance (General Insurance to be as for death) and Family Pension. The details of the entire amount shall be intimated to the applicants within a period of three months form the date of communication of this order. Thereafter, the applicants shall take suitable steps to obtain necessary succession certificate from the competent court of law and on its production before the respondents, the respondents shall disburse the amount in terms of the succession certificate.” Pursuant to the above order, the writ petitioners took steps to get the succession certificate. They moved the Railways for disbursement of the W.P.(C) NO. 23090/2009 3 benefits. However, the Railways insisted that the petitioners should produce the police report confirming the death of the employee. According to the Railways, that requirement is there in the order passed by the Tribunal. 3. We are afraid that the stand of the Railways cannot be fully appreciated. Admittedly, the employee, Sri. M.A. Kumara Pillai was missing since October, 1996 while he was working in the South-Western Railways at Hubli. It is fairly clear that the Hubli police will not be in a position to issue the certificate confirming the death of M.A. Kumara Pillai, since the employee is only missing since 1996. There appears to be no dispute that the employee is missing since the last more than 13 years. As per Ext.P8, the Munsiff Court, Muvattupuzha has issued the succession certificate. A succession certificate is issued only to the legal heirs of a person. In view of the said presumption, it is unnecessary to insist for a certificate from the police at Hubli confirming the death of the employee. Be that as it may, the petitioners undertake to indemnify the Railways in the event of any future dispute on the terminal benefits of M.A. Kumara Pillai disbursed to them. This undertaking is recorded. 4. In the above circumstances, there will be a direction to the W.P.(C) NO. 23090/2009 4 respondents to disburse the eligible benefits on account of the service of M.A. Kumara Pillai to the petitioners. This shall be done within ten days from the date of production of a copy of this judgment by the petitioners. The Writ Petition is disposed of as above. (KURIAN JOSEPH) JUDGE (C.T. RAVIKUMAR) JUDGE sp/ W.P.(C) NO. 23090/2009 5 KURIAN JOSEPH & C.T. RAVIKUMAR, JJ. W.P.(C)NO.23090/2009 JUDGMENT 19th August, 2009