IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 WP(C).No. 22416 of 2008(R) -------------------------------------- PETITIONER(S): ---------------------- RAJAMMA. J. @ J. RAJAM, WIDOW OF LATE V. VIKRAMAN THAMPI, (EX. NO.13926461 SEPOY C OF AMC LUCKNOW), RESIDING AT THAZHENEDUMKUZHIYIL MANJAKKALA PO., KOLLAM DISTRICT, PIN-691 508. BY ADV. MR.R.PREMCHAND SMT.A.A.DILSHAH RESPONDENT(S): ------------------------ 1. THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (P) PPO SECTION, DRAUPATHI GHAT, ALLAHABAD, UTTAR PRADESH 2. OFFICER IN CHARGE, RECORDS OFFICE. ARMY MEDICAL CORPS., LUCKNOW.226002 3. THE DEFENCE PENSION DISBURSING OFFICER, DAD OFFICE COMPLEX, THIRUMALA PO., TRIVANDRUM R1 TO R3 BY ADV. MR.MANOJ RAMASWAMY, ADDL.CGSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 22416/2008-R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE OF DISCHRGE PERTAINING TO THE PETITIONER'S HUSBAND. EXT.P2: COPY OF THE DEATH CERTIFICATE OF THE PETITIONER'S HUSBAND DATED 13/02/2007. EXT.P3: COPY OF THE CERTIFICATE ISSUED BY THE SECRETARY, THANNIYAPPANKAVU KSHETRA BHARANASAMITHI DATED 25/10/2007. EXT.P4: COPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT OF THE THAVALOOR GRAMA PANCHAYAT DATED 21/05/2007. EXT.P5: COPY OF THE LETTER ISSUED TO THE PETITIONER BY THE 2ND RSPONDENT DATED 31/07/2007. EXT.P6: COPY OF THE LETTER SENT TO THE 1ST RESPONDENT BY THE 3RD RESPONDENT DATED 21/05/2007. EXT.P7: COPY OF THE LETTER DATED 21/06/2007 ALONG WITH A COPY OF THE DRAFT SNT TO THE PETITIONER. EXT.P8: COPY OF THE REPRESENTATION DATED 26/11/2007 SENT TO THE RESPONDENTS. EXT.P9: COPY OF THE LETTER DATED 14/12/2007 ADDRESSED TO THE 3RD RESPONDENT BY THE 2ND RESPONDENT. EXT.P10: COPY OF THE REPRESENTATION DATED 21/01/2008 ADDRESSED TO THE 1ST RESPONDENT. EXT.P11: COPY OF THE CONFIRMATION LETTER SENT TO THE 3RD RESPONDENT BY THE 1ST RESPONDENT DATED 28/02/2008. EXT.P12: COPY OF THE LETTER DATED 17/03/2008 SENT TO THE 1ST RESPONDENT BY THE 3RD RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ V.GIRI, J. ------------------------- W.P.(C).No.22416 of 2008 ------------------------- Dated this the 25th day of March, 2009. JUDGMENT The petitioner's husband, now deceased V.Vikraman Thampi, was employed in the Army and was discharged in the year 1984. He had nominated the petitioner as the recipient for the family pension in his Pension Payment Order. 2. It seems that the couple fell out in the year 1984 and Vikraman Thampi had approached the court for a divorce. It seems that divorce was granted by the court as well on 28.3.1994. It is the case of the petitioner that thereafter Vikraman Thampi met with a serious accident causing him permanent disability and the petitioner, therefore, rejoined him. They started living together. The members of her family insisted that the relationship can be approved only if they get re-married. A marriage is stated to have taken place again on 23.03.1996 at the Thanniyappankavu Temple in Kollam District. This is W.P.(C).No.22416 of 2008 :: 2 :: sought to be substantiated by reference to Ext.P3 certificate. 3. Vikraman Thampi died on 17.09.2006. He was a recipient of Army Pension till his death and normally his widow should have been granted family pension without further formalities. But, the pension processing authority entertained a doubt as to whether the petitioner can be sanctioned family pension, because there was a divorce between them in the year 1994. By Ext.P9, the Defence Pension Disbursing Officer was intimated by the 1st respondent, requiring the former to issue a lifetime arrear certificate, after payment of arrears to the petitioner as and when she reports to the office of the Defence Pension Disbursing Officer in Thiruvananthapuram. 4. It is the case of the petitioner that she did so report to the office of the 3rd respondent. Then again doubts were entertained and a further clarification has W.P.(C).No.22416 of 2008 :: 3 :: been sought for in this regard as evidenced by Ext.P12. It is at this juncture that the writ petition has been filed seeking the following reliefs: “(a) To issue a direction to the 3rd respondent to pay to the petitioner the Life time Arrears upto 17.09.2006 due to the petitioner's late husband as directed in Exhibit P9 letter issued by the 2nd respondent. (b) To issue a direction to the 3rd respondent to issue a LTA (Life time arrears) certificate as directed in Exhibit P9. (c) To issue such other writs, orders or directions as this Hon'ble court may deem fit and proper in the circumstances of the case.” 5. A counter affidavit has been filed by the respondents stating that the petitioner was married to Vikraman Thampi is not a matter in dispute. That there is a divorce as well in 1994 also seems to be admitted. The petitioner's case is that there was a second marriage between the same couple in the year 1996. It is admitted that there are no issues. If there has not been any claim so far from any person, who claims a better W.P.(C).No.22416 of 2008 :: 4 :: right than the petitioner to receive family pension under the account of late Vikraman Thampi, there is no reason why the same should not be disbursed to the petitioner. I take note of the fact that an amount of Rs.3,000/- was disbursed to the petitioner as an interim measure as evidenced by Ext.P7. In these circumstances, the 3rd respondent shall proceed to take further steps, as already directed in Ext.P9, within a period of three months from the date of receipt of a copy of this judgment. The Lifetime Arrear Certificate shall, therefore, be issued, as directed in Ext.P9, after payment of the amount due to her, within the aforementioned period. If further elaborate enquiries are necessary, it is also open to the respondents to make such enquiries and an undertaking be obtained from the petitioner (otherwise than on stamp paper) to indemnify the respondents, if there is a claim by any other person, who holds a better claim than that of the petitioner. But W.P.(C).No.22416 of 2008 :: 5 :: for the present, the amounts due to the petitioner shall be disbursed within the aforementioned period and certificate evidencing such payment be issued as already directed above. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy//