IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WP(C).No. 20628 of 2008(E) -------------------------- PETITIONER: --------------- GEETHA VASUDEVAN, FLAT NO.333, AISWARYA NAGAR, ALUVA, ERNAKULAM. BY ADV. SRI.A.RAJASIMHAN RESPONDENTS: --------------- 1. CONTROLLER OF DEFENCE ACCOUNTS(PENSIONS) ALLAHABAD. 2. DEFENCE PENSION DISBURSEMENT OFFICER (DPDO), PERUMANUR, THEVARA, ERNAKULAM. ADV. SRI.ABRAHAM THOMAS, CGC FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 20628 of 2008 -------------------------- Dated this the 27th January,2009 J U D G M E N T Petitioner is the wife of Sri.R.Vasudevan Pillai, an Ex-service man who is missing since April 1999. He had retired from Indian Air Force in the rank of Corporal from 26 Ed, Bangalore Unit. He is survived by the petitioner, daughter Ashwini and son Anish Dev. It is stated that after retirement from the Indian Air Force, he was working in State Bank of Travancore, Tanur Branch. From there he was deputed to State Bank of Travancore, Edappally and thereafter that he is missing from April, 1999, This was reported to the Police Station. Pursuant to the same, Crime No.64/2000 was registered by the Ernakulam Town Police. Exhibit-P1 is the copy of final report in Crime No.64/2000 and Exhibit-P2 is the certificate issued by the investigating officer stating that the missing man has not been traced out. Exhibit P3 is the certificate issued by the Indian Air Force in respect of W.P ( C) No. 20628 of 2008 2 the missing case which fact is recorded in column one of Exhibit-P3 itself. Exhibit-P4 is the true copy of the relevant page of the family pension disbursement record of the petitioner. 2. The contention raised by the petitioner is that since the husband is missing for more than 7 years he is presumed to be dead and petitioner and her children are entitled for all the service benefits. In these circumstances, the petitioner had executed an indemnity bond which is produced as Exhibit P5 in the writ petition. Thereafter, the service benefits with effect from the date of reporting of the case i.e. from 21.2.2000 have been disbursed. What remains to be done is the disbursement of the life time arrears for which respondents have been demanding for a 'presumed death certificate' from the First Class Judicial Magistrate. This is evidenced by Exhibit-P6 and P7 letters. In these circumstances, petitioner has approached this Court seeking for appropriate direction to disburse the arrears to her without insisting for a death certificate as demanded in Exhibits P6 and P7. W.P ( C) No. 20628 of 2008 3 3. Respondents have filed a counter affidavit . Exhibit-R1 is the relevant rules relating to payment of Family Pension and Gratuity to the family in case whereabouts of a pensioner are not known are contained in paragraphs 97.1 and 97.2. Paragraph 97.2 is extracted below. “97.2. The above benefits may be sanctioned by Pension Sanctioning Authority after observing the following formalities. (i) The family must lodge a report with the concerned Police Station and obtain a report that the employee/pensioner has not been traced after all efforts had been made by the Police. (ii) An indemnity Bond should be taken from the nominee/Dependants of the employee/pensioner that all payments will be adjusted against the payments due to the employee/Pensioner in case he appears on the same and makes any claim. 4. Going by the said clauses, the required documents are the final report in the criminal case and indemnity bond from the nominee/dependents of the employee. It is the admitted position that petitioner has W.P ( C) No. 20628 of 2008 4 complied with the same by forwarding Exhibits P1, P2 and P5. Therefore, the insistence on a presumed death certificate from the Ist Class Judicial Magistrate cannot be justified. That is not required under the relevant rules and no provision is brought to my notice empowering the Magistrate to issue such a certificate. 5. In that view of the matter the refusal to sanction the due benefits cannot be sustained. Petitioner is seeking payment of arrears from 1.4.1999 to 25.6.2000. 6. The writ petition is allowed. Exhibits P6 and P7 are quashed. There will be a direction to the respondents to take appropriate action to disburse the arrears from 1.4.1999 to 25.6.2000, treating Exhibits P1, P2 and P5 as sufficient for the said purpose, within a period of two months from the date of receipt of a copy of this judgment. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No. 20628 of 2008 5 W.P ( C) No. 20628 of 2008 6