Dismissed

A.B.Sadanandan v. Assistant Provident Fund Commissioner

Kerala HC4 Feb 2013WP(C)/36271/2007

Case brief

AI extract

What is this about?

In a writ petition challenging EPF pension proceedings, the petitioner sought orphan pension and quashing of a proposed allotment. The court closed the petition after the respondent filed a statement confirming that the orphan pension had been converted from child pension and the balance amount was credited to the petitioner's account.

What did the court decide?

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A.B.Sadanandan Vs Assistant Provident Fund… — Pension and Retirement Benefits | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE B.P.RAY

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MONDAY, THE 4TH DAY OF FEBRUARY 2013/15TH MAGHA 1934

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WP(C).No. 36271 of 2007 (R)

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PETITIONERS:

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A.B.SADANANDAN, S/O. BHAIRAVAN, AGED 68 YEARS,KATTUNGAL VELI,THUMPOLI P.O. ALAPPUZHA,PIN-688 008.

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RUPESH, AGED 15 YEARS (MINOR), S/O. LATE REMA,REPRESENTED THROUGH HIS GRANDFATHER THE ABOVE MENTIONED A.B.SADANANDAN.

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PUSHPAMMA SADANANDAN,

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S/O. A.B.SADANANDAN,KATTUNGAL VELI, THUMPOLI P.O. ALAPPUZHA,PIN-688 008.

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BY ADVS.SMT.C.G.BINDU SMT.C.G.AJITHA SMT.D.SARITHA

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RESPONDENTS:

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ASSISTANT PROVIDENT FUND COMMISSIONER (PENSION),EMPLOYEES' PROVIDENT FUND ORGANIZATION SUB-REGIONAL OFFICE,36/685 A,BHAVISHYANIDHI BHAVAN,P.B.NO.1895,KALOOR KOCHI-17.

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EMPLOYEES PROVIDENT FUND COMMISSIONER, TRICHY.

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R1 & 2 BY ADV. SRI.N.N. SUGUNAPALAN, SC, P.F. R1 & 2 BY ADV. SMT.T.N.GIRIJA, SC,EPF ORGANISATION

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-02-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 36271 of 2007 (R)

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: 2 :

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 : TRUE COPY OF LEGAL HEIRSHIP CERTIFICATE OF LATE R. REMADEVI ISSUED FROM TAHSILDAR, AMBALAPUZHA DATED 18.12.2002.

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EXT.P2 : TRUE COPY OF O.P. (SUCCESSION) NO.4/2004 FILED BY THE 1ST PETITIONER BEFORE THE HON'BLE MUNSIFF'S COURT.

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EXT.P3 : TRUE COPY OF SUCCESSION CERTIFICATE DATED 08.04.2005 ISSUED BY HON'BLE MUSNIFF'S COURT, ALAPPUZHA.

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EXT.P4 : TRUE COPY OF CERTIFICATE ISSUED BY TAHSILDAR, AMBALAPUZHA DATED 25.01.2003.

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EXT.P5 : TRUE COPY OF REMINDER SENT BY 1ST PETITIONER TO THE ASSISTANT PROVIDENT FUND COMMISSIONER (PENSION), TRICHY.

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EXT.P6 : TRUE COPY OF DEPOSIT RECEIPT OF CANARA BANK DATED 06.08.2007.

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EXT.P7 : TRUE COPY OF PROCEEDINGS OF THE 1ST RESPONDENT DATED 07.02.2006.

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EXT.P8 : TRUE COPY OF ORDER DATED 30.08.2007 ISSUED BY 1ST RESPONDENT.

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RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

B.P. RAY, J.

- - - - - - - - - - - - - - - - - W.P.(C) No. 36271 of 2007

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Dated this the 4^th day of February, 2013.

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JUDGMENT

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Heard the learned Standing Counsel for the Employees Provident Fund Organisation. None appears for the petitioner.

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The petitioners have filed this writ petition with the following prayers:

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1. A writ in the nature of certiorari or other appropriate writ against the respondents to call for the entire records leading to Exts.P7 and P8 and quash the same.

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1. A writ in the nature of mandamus or other appropriate writ be issued against the respondents to sanction all the benefits to the 2^nd petitioner including the Orphan pension.

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1. To issue appropriate orders or directions to cancel the allotment granted to the dummy husband as seen in Ext.P7 proceedings.

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By interim order dated 20.12.2012, the respondents are directed to release the orphan pension in favour of the 2^nd petitioner without prejudice to the claim. A statement has been filed by the respondents as directed by this Court on 20.12.2012, the relevant portion of which reads as follows:

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“Actually the child of the deceased, the 2^nd petitioner herein received children pension regularly but the prayer in the writ petition is to sanction orphan pension which he is entitled. As per the instructions received from the Department dated 04.01.2013 the

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W.P.(C) No.36271/2007

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-:2:-

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child pension which was sanctioned to the 2^nd petitioner vide PPO No. 40353 has been converted to orphan pension and accordingly an amount of Rs.58,528/- was credited to the SB Account No. 0701101056663 of Sri. Rupesh, the 2^nd petitioner with Canara Bank, B.J. Road, Alappuzha on 03.01.2013 towards difference of orphan pension with children pension for the period from 10.10.2002 to 31.12.2012.”

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In view of the statement filed by the respondents, this writ petition is closed.

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sd/- B.P. RAY, JUDGE.

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W.P.(C) No.36271/2007 -:3:-

A.B.Sadanandan v. Assistant Provident Fund Commissioner

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A.B.Sadanandan v. Assistant Provident Fund Commissioner

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