Disposed

Unnikrishnan Nair v. Chempu Grama Panchayath

Kerala HC1 Nov 2018WP(C)/35588/2018

Case brief

AI extract

What is this about?

In a writ petition, two elderly petitioners challenged the silence of the respondent Panchayat regarding their National Old Age Pension scheme application. The Court directed the Secretary to inform the petitioners if the application is pending or disposed of, and to issue the order copy via registered post within one week, enabling the petitioners to pursue further remedies.

What did the court decide?

Respondent Secretary directed to inform petitioners of application status within one week; if disposed of, send order copy by registered post to enable petitioners to pursue remedies.

Unnikrishnan Nair Vs Chempu Grama Panchayath — Pension and Retirement Benefits | Kerala HC (2018)

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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 ALEXANDER THOMAS

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THURSDAY ,THE 01ST DAY OF NOVEMBER 2018 / 10TH KARTHIKA, 1940

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WP(C).No. 35588 of 2018

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PETITIONER/S:

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1 UNNIKRISHNAN NAIR AGED 75 YEARS

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S/O.V.N.N.PILLAI, PADATHU PUTHANPURA HOUSE, CHEMPU P.O, VAIKOM TALUK, KOTTAYAM DISTRICT 686615.

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2 RUKMINI, W/O.UNNIKRISHNAN NAIR, PADATHU PUTHANPURA HOUSE, CHEMPU P.O, VAIKOM TALUK, KOTTAYAM DISTRICT 686615.

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BY ADVS.

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SRI.K.M.SATHYANATHA MENON SMT.KAVERY S.THAMPI

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RESPONDENT/S:

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CHEMPU GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, BRAHMAMANGALAM P.O, KOTTAYAM DISTRICT 686605.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)No.35588/2018

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..2..

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ALEXANDER THOMAS, J. --------------------------W.P.(C)No.35588 of 2018

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Dated this the 01^st day of November, 2018

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JUDGMENT

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According to the petitioners, the petitioners

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are spouses and they are elderly citizens aged 75 years and 72 years respectively.

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2. The petitioners had applied for pension

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under the National Old Age Pension Scheme (NOAPS), as per Ext.P1 application dated 04.02.2016 before the respondent/Grama Panchayat. Till date the petitioners have not been intimated

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about the proceedings taken in the said application. Despite consistent and diligent

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efforts on the part of the petitioners, the respondent Panchayat has not informed the petitioners either about its pendency or rejection or as to whether or not the same has

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W.P.(C)No.35588/2018

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..3..

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been allowed or rejected. It is only recently the petitioners could come to know that the applications submitted by the petitioners at Ext.P1 have already been rejected by the respondent Grama Panchayat. Exts.P1 to P4 are the communications sent by the petitioners to the respondent Panchayat. Ext.P5 is the copy of the Guidelines of the above said pension scheme. But the petitioners have not been served with a copy of the impugned order till date in spite of repeated demands. That as a result the petitioners are deprived of their right to pursue their appellate and other remedies as envisaged in Ext.P5 Guidelines. It is in the light of these factual averments that the petitioners have filed this instant writ petition (civil) with the following prayers:-

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“i.issue a writ of mandamus or any other appropriate writ, order or direction directing the respondent

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W.P.(C)No.35588/2018

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..4..

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to issue a copy of the order passed in the application submitted by the petitioners for national old age pension at the earliest and within a time frame as fixed by this Hon'ble court;

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ii) issue such other reliefs which may deem fit and proper on the facts and circumstances of the case; and

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iii) allow this Writ Petition (C) with costs.”

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3. Heard Sri.K.M.Sathyanatha Menon, learned

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counsel appearing for the petitioners. In the nature of the orders proposed to be passed in this petition notice to the respondent Grama

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Panchayat will stand dispensed with.

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4. Having regard to the facts and circumstances in this case it is ordered that the

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Secretary of the respondent Chempu Grama Panchayat will forthwith inform the petitioners as to whether their application as per Ext.P1 is pending or the same has been allowed or rejected. If the application has been disposed of, then a

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W.P.(C)No.35588/2018

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..5..

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copy of the order in that regard issued by the respondent Panchayat should be sent by registered post to the petitioners. The steps in that regard should be duly communicated by the Secretary of the respondent Grama Panchayat within one week from the date of production of a certified copy of this judgment. Thereafter it is for the petitioners to pursue their remedies, in the manner known to law.

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With these observations and directions this writ petition (civil) will stand finally disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

skj

W.P.(C)No.35588/2018

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APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE RECEIPT ISSUED BY THE RESPONDENT PANCHYAT TO THE 1ST PETITIONER DTD.4.2.2016.

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EXHIBIT P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 1ST PETITIONER TO THE RESPONDENT DATED NIL.

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EXHIBIT P3 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 2ND PETITIONER TO THE RESPONDENT DATED NIL.

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EXHIBIT P4 TRUE COPY OF THE ACKNOWLEDGMENT CARD ISSUED IN FAVOUR OF THE 1ST PETITIONER

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EXHIBIT P5 TRUE COPY OF THE RELEVANT PAGES OF THE GUIDELINES ON NATIONAL SOCIAL ASSISTANCE PROGRAMME ISSUED BY THE MINISTRY OF RURAL DEVELOPMENT

Unnikrishnan Nair v. Chempu Grama Panchayath

Case brief

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Unnikrishnan Nair v. Chempu Grama Panchayath

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