Disposed

B.Radha v. the Kerala Agricultrual University

Kerala HC3 Apr 2017WP(C)/12449/2010

Case brief

AI extract

What is this about?

Petition sought direction for family pension. Court held it was for the employer to decide eligibility based on documents produced by hearing parties and directed First Respondent to pass orders within two months.

What did the court decide?

Direction to the First Respondent to consider the petitioner's request, hear parties, and pass orders on family pension eligibility within two months.

B.Radha Vs the Kerala Agricultrual University — Pension and Retirement Benefits | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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MONDAY, THE 3RD DAY OF APRIL 2017/13TH CHAITHRA, 1939

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WP(C).No. 12449 of 2010 (E)

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PETITIONER(S):

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B.RADHA, W/O.T.K.CHANDRAN, AGED 52 YEARS, PULIYANTHONI HOUSE,, MUTHALAMADA.P.O, PALAKKAD DISTRICT-678 507.

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BY ADVS.SRI.BINOY VASUDEVAN SMT.P.G.BABITHA

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RESPONDENT(S):

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1. THE KERALA AGRICULTURAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, UNIVERSITY CAMPUS,, VELLANIKKARA.P.O, THRISSUR DISTRICT.

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2. COMPTROLLER, KERALA AGRICULTURAL UNIVERSITY, MAIN CAMPUS, VELLANIKKARA.P.O, THRISSUR-680 656.

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3. CHANDRA @ CHANDRIKA, THONIVALAPPIL HOUSE, VELLANIKKARA.P.O, THRISSUR.

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R1-R2 BY SRI.BABU JOSEPH KURUVATHAZHA,SC,KERALA AGRICULTURAL UNIVERSITY BY SRI.ROBSON PAUL, SC, KERALA AGRICULTURAL UNIVERSITY R3 BY ADVS. SMT.PREETHY KARUNAKARAN SRI.K.RAVI (PARIYARATH) SRI.G.SREEKUMAR (CHELUR)

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BY SRI.K.P.MAJEEB

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-04-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 12449 of 2010 (E)

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--------------------------

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 :	TRUE COPY OF THE PENSION BOOK OF THE PETITIONER'S LATE HUSBAND T.K.CHANDRAN
EXT.P2 :	TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE MADAKKATHARA GRAMAPANCHAYAT OF PETITIONER'S LATE HUSBAND
EXT.P3 :	TRUE COPY OF THE LEGAL HEIR SHIP CERTIFICATE ISSUED BY THE TALUK OFFICE, CHITTUR DATED 13.07.2009
EXT.P4 :	TRUE COPY OF THE MARRIAGE DECLARATION CERTIFICATE ATTESTED BY THE MEMBER OF WARD NO.16 OF MUTHALAMADA GRAMAPANCHAYAT
EXT.P5 :	TRUE COPY OF THE INSURANCE POLICY TAKEN BY THE DECEASED HUSBAND WITH LIFE INSURANCE CORPORATION OF INDIA
EXT.P6 :	TRUE COPY OF THE REPRESENTATION DATED 16.12.2009 ACCOMPANIED BY THE POSTAL RECEIPT SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT.
EXT.P7 :	TRUE COPY OF THE OLD RATION CARD BEARING NO.165390
EXT.P8 :	TRUE COPY OF THE NEW RATION CARD BEARING NO.1947035071
EXT.P9 :	TRUE COPY OF THE ELECTION IDENTITY CARD ISSUED TO THE PETITIONER.
EXT.P10 :	TRUE COPY OF THE ELECTION IDENTITY CARD ISSUED TO THE PETITIONER'S HUSBAND
EXT.P11 :	TRUE COPY OF THE MARRIAGE INVITATION CARD OF THE PETITIONER'S DAUGHTER
EXT.P12 :	TRUE COPY OF THE AFFIDAVIT IN A STAMP PAPER WORTH RS.50/- DULY ATTESTED BY A NOTARY PUBLIC
EXT.P13 :	TRUE COPY OF THE REQUEST DATED 01.03.2010 SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT.
EXT.P14 :	TRUE COPY OF THE POSTAL ACKNOWLEDGEMENT CARD EVIDENCING THE RECEIPT OF EXHIBIT P13.
3RD RESPO	NDENT'S EXHIBITS:
EXT.R3(A)	: A TRUE COPY OF THE IDENTITY CARD ISSUED BY THE ELECTION COMMISSION OF INDIA DATED 18.11.97.
EXT.R3(B)	: A TRUE COPY OF THE PENSION CARD ISSUED TO THE THIRD RESPONDENT BY THE FIRST RESPONDENT DATED NIL.
EXT.R3(C)	: A TRUE COPY OF THE LEGAL HEIR SHIP CERTIFICATE ISSUED TO THE THIRD RESPONDENT BY THE TAHSILDAR, THRISSUR TALUK OFFICE DATED 22.04.09

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//TRUE COPY\

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IAP P.A TO JUDGE

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ANU SIVARAMAN, J ==================

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W.P.(C).NO.12449 OF 2010 ==================

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Dated this the 3^rd day of April, 2017

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J U D G M E N T

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This writ petition is filed seeking a direction to the 2^nd respondent to consider and pass orders on the request made by the petitioner for family pension.

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The petitioner has staked a claim for the family pension due on the death of her husband who was a pump operator under the first respondent. It is submitted that the petitioner is shown as a nominee for family pension in the pension book of the deceased employee and that the petitioner has preferred Ext.P6 request before the first respondent with copies of all relevant documents including marriage certificate, legal heirship certificate etc. It is submitted that on the ground that an objection has been raised by the 3^rd respondent that she was the legally wedded wife of the deceased employee, the first respondent has refused to take steps to release family pension to the petitioner. Counter affidavit is filed by the 3^rd respondent

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W.P.(C).NO.12449 OF 2010 2

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also contending that she is the legally wedded wife.

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I am of the opinion that it is for the first respondent employer to take up and consider the claims raised by the petitioner and the 3rd respondent and take a decision on the question of eligibility to family pension on the basis of the documents produced in the matter.

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In the result, there will be a direction to the first respondent to take up, consider and pass orders on Exhibit P6 request made by the petitioner taking note of all the documents produced by her and after hearing the petitioner as well as the 3^rd respondent. Orders shall be passed by the first respondent within a period of two months from the date of receipt of a copy of this judgment.

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The writ petition is disposed of as above.

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Sd/- ANU SIVARAMAN JUDGE

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//True Copy\

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P.A to Judge

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IAP

B.Radha v. the Kerala Agricultrual University

Case brief

What is this about?

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B.Radha v. the Kerala Agricultrual University

Case brief

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