Dismissed

Zaheena, v. the Assistant Chief Accounts Officer (Pen)

Kerala HC11 Jan 2021WP(C)/28293/2020

Case brief

AI extract

What is this about?

The Kerala High Court dismissed a writ petition seeking Family Pension for the petitioner. The Court held that pension matters fall under the exclusive jurisdiction of the Central Administrative Tribunal (CAT) under Section 14 of the Administrative Tribunals Act, making the writ petition non-maintainable in this Court.

What did the court decide?

Dismissal of the writ petition without prejudice to the right of the petitioner to approach the appropriate forum.

Zaheena, Vs the Assistant Chief Accounts… — Pension and Retirement Benefits | Kerala HC (2021)

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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 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

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WP(C).No.28293 OF 2020(J)

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PETITIONER:

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ZAHEENA, AGED 50 YEARS D/O.(LATE)MOIDEEN KHAN.E,KHAN'S MANZIL, PALLATH ROAD,ERNAKULAM-682032.

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BY ADVS. SRI.SUSHANTH.J. SRI.ALAN PRIYADARSHI DEV SMT.KRISHNAPRIYA B.

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RESPONDENTS:

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1 THE ASSISTANT CHIEF ACCOUNTS OFFICER (PEN) GOVERNMENT OF INDIA,MINISRY OF COMMUNICATION AND IT,OFFICE OF THE COMPTROLLER OF COMMUNICATIONS ACCOUNTS,5TH FLOOR,DOOR SANCHAR BHAVAN, TRIVANDRUM-695033.

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2 THE ACCOUNTS OFFICER(PENSION), O/O..PGMT,BSNL BHAVAN,KALATHIPARAMBIL ROAD,KOCHI682016.

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3 SHAKEELAHAMED, S/O.SHAFEEKAHAMED,6/299,PONNANI ROAD, CHERUTHURUTHY.P.O,SHORNUR, THRISSUR DISTRICT,PIN-679531.

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R1 BY ADV. SRI.N.S.DAYA SINDHU SHREE HARI R1-2 BY ADV. SMT.I.SHEELA DEVI

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 0501-2021, THE COURT ON 11-01-2021 DELIVERED THE FOLLOWING:

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W.P.(C).No.28293/2020

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JUDGMENT

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Dated this the 11^th day of January 2021

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1.The writ petition is filed seeking directions to respondents 1

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and 2 to consider sanctioning of Family Pension to the petitioner waiving the requirement of divorce certificate by a competent authority, accepting a no objection letter from the 3^rd respondent.

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2.The issue being with regard to family pension of an employee of the BSNL, the petitioner has to approach the Central Administrative Tribunal. Though the learned counsel for the petitioner attempted to urge that the petitioner's claim is not a service matter, Section 3(q) of the Administrative Tribunals Act, 1985 specifically includes remuneration including allowances, pension and other retirement benefits also within the ambit of service matters. Section 14 ousts the jurisdiction of all Courts except the Supreme Court and vests the CAT with jurisdiction to consider such matters. Though it has been held that the power of judicial review vested in this Court cannot be ousted, the petitioner undoubtedly has to approach the

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W.P.(C).No.28293/2020

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Tribunal at the first instance. Though the learned counsel for the petitioner would place reliance on the decisions of the Apex Court, the said decisions are with regard to the availablity of alternate remedy and the exclusive jurisdiction by the Administrative Tribunals Act has not been considered therein.

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The writ petition is not maintainable before this Court. The writ petition fails and is accordingly dismissed without prejudice to the right of the petitioner to approach the appropriate Forum.

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Sd/-

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Anu Sivaraman, Judge

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sj/5/1/2021

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W.P.(C).No.28293/2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF DEATH CERTIFICATE OF MOTHER OF THE PETITIONER DATED 04.02.2014 ISSUED BY THE COCHIN CORPORATION

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EXHIBIT P2 TRUE COPY OF DEATH CERTIFICATE OF FATHER OF THE PETITIONER DATED 21.05.2020 ISSUED BY THE COCHIN CORPORATION EXHIBIT P3 TRUE COPY OF THE LETTER NO.CCA/TVM/FP/TC/EK/TD/284/1993/1039 DATED 27.07.2020 ISSUED BY THE 1ST RESPONDENT EXHIBIT P4 TRUE COPY OF THE LETTER DATED 21.08.2014 SUBMITTED BY THE PETITIONER'S FATHER BEFORE THE CONTROLLER OF COMMUNICATION ACCOUNTS,KERALA TELECOM CIRCLE,DOOR SANCHAR BHAVAN,TRIVANDRUM

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EXHIBIT P5 TRUE COPY OF LETTER NO.EII/2/40/MISC CASES/2020-21/9 DATED 09.11.2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

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EXHIBIT P6 TRUE COPY OF THE LETTER DATED 20.12.2013 ISSUED BY THE GENERAL SECRETARY OF THE ILFATHUL ISLAM SANGH,PONNURUNNI JAMA ATH,PALARIVATTOM,KOCHI-682025 TO THE 3RD RESPONDENT.

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EXHIBIT P7 TRUE COPY OF THE RELATIONSHIP CERTIFICATE DATED 27.10.2020 ISSUED BY THE VILLAGE OFFICER,POONITHURA TO THE PETITIONER.

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W.P.(C).No.28293/2020

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EXHIBIT P8 TRUE COPY OF THE DEPENDENCY CERTIFICATE DATED 09.09.2020 ISSUED BY THE VILLAGE OFFICER,POONITHURA TO THE PETITIONER

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EXHIBIT P9 TRUE COPY OF THE INCOME CERTIFICATE DATED O9.09.2020 ISSUED BY THE VILLAGE OFFICER, POONITHURA TO THE PETITIONER

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EXHIBIT P10 TRUE COPY OF THE NON-RE-MARRIAGE CERTIFICATE DATED 09.09.2020 ISSUED BY THE VILLAGE OFFCIE,POONITHURA TO THE PETITIONER

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EXHIBIT P11 TRUE COPY OF THE NON-EMPLOYMENT CERTIFICATE DATED 19.11.2020 ISSUED TO THE PETITIONER BY THE VILLAGE OFFICER,POONITHURA.

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EXHIBIT P12 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE VILLAGE OFFICER, POONITHURA THROUGH WEB SITE EDISTRICT.KERALA.GOV.IN DATED 23.12.2020.

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True copy

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PS to Judge

Zaheena, v. the Assistant Chief Accounts Officer (Pen)

Case brief

What is this about?

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Zaheena, v. the Assistant Chief Accounts Officer (Pen)

Case brief

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