High Court directed State Bank of India and Railways to restore additional family pension to petitioner after she submitted attested copies of her Aadhaar card and/or Pan card to prove date of birth.
Writ petition disposed of with direction to furnish attested copy of Aadhaar card/Pan card to 3rd respondent for restoration of additional pension.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942 WP(C).No.709 OF 2021(K)
PETITIONER:
A. RADHA BAI, AGED 89 YEARS, W/O.LATE SANKARA NARAYANAPILLAI N. , RESIDING AT MAVOLIL VADAKKATHIL HOUSE, KANDIYOOR, MAVELIKARA, ALAPPUZHA DISTRICT, PIN - 690 103.
BY ADVS. SRI.P.HARIDAS SRI.BIJU HARIHARAN SRI.RENJI GEORGE CHERIAN SRI.P.C.SHIJIN SRI.RISHIKESH HARIDAS
RESPONDENTS:
1 STATE BANK OF INDIA, CENTRALIZED PENSION PROCESSING CENTRE (C.P.P.C), REPRESENTED BY ASSISTANT GENERAL MANAGER, 3RD FLOOR, CHEMBIKALOM BUILDING, VAZHUTHACAUD, THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695 014.
2 THE DIVISIONAL RAILWAY MANAGER, OFFICE OF THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, VAZHUTHACAUD P.O., THIRUVANANTHAPURAM, PIN - 695 014.
3 THE DIVISIONAL ACCOUNTS OFFICER, OFFICE OF THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM, PIN - 695 014.
4 THE ASSISTANT DIVISIONAL ACCOUNTS OFFICER, OFFICE OF THE DIVISIONAL RAILWAY MANAGER, SOUTHERN RAILWAY, THIRUVANANTHAPURAM, PIN - 695 014.
BY ADVS. SRI.R.S.KALKURA SRI.A.DINESH RAO, SC, RAILWAYS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.709 OF 2021(K)
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JUDGMENT
The petitioner is the widow of
N.Sankara Narayana Pillai, who retired from Southern Railway in the year 1984. Consequent to the death of the retired employee, petitioner started drawing Family Pension since the year 1989. It is stated that she was given additional pension from January, 2012 onwards, on attaining the age of 80 years. Suddenly, the Bank stopped the payment of additional pension as per Ext.P2 communication dated 23.03.2020 on the ground that there is no material to prove the date of birth of the petitioner in the Pension Payment Order. Producing the birth certificates of the petitioner's daughters, which would show the eldest daughter was born in the year 1951; the second one was on 24.01.1952 and the third
one, who is a son, was born on 22.04.1953 and
WP(C).No.709 OF 2021(K)
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producing the Aadhaar card as well as the Pan card, in which the petitioner's date of birth is shown as 01.01.2012, petitioner has approached this Court, when Ext.P7 representation submitted by her on 21.12.2020, did not yield any results.
2. Sri.R.S.Kalkura, the learned Standing
Counsel for the 1st respondent Bank on instructions submitted that as per Circular dated 13.09.2012 issued by Government of India, Ministry of Personnel Public Grievances and Pensions, additional pension shall not be paid in the absence of any proof towards the date of birth and therefore additional pension was stopped, seeing that there was no material on record or any entry in the Pension Payment Order relating to the date of birth of the petitioner.
3. Sri.Dinesh Rao, learned Standing
Counsel for the respondents 2 to 4 on
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instructions submitted that the additional pension would be restored to petitioner on production of attested copy of her Aadhaar card or Pan card. It is submitted that on being convinced of the date of birth as per the Aadhaar card, the pension would be restored and released to the petitioner. This
is recorded. It is also stated that a communication has already been issued to the petitioner to that effect on 15.01.2021.
4. The learned counsel for the
petitioner points out that the petitioner would not be in a position to produce the documents personally before the Railway Pension Office because of her physical condition and she may be permitted to submit the same through any of her son/daughter or representatives.
5. When the Pension Disbursing Officer
has submitted that the pension would be
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disbursed on the strength of the Aadhaar Card, it would not be necessary for the 1st respondent Bank to insist any other materials.
The writ petition is therefore disposed of with a direction to the petitioner to furnish the attested copy of the Aadhaar card/Pan card before the 3rd respondent through any of her authorised representatives, within a period of two weeks from the date of receipt of a copy of the judgment. On production of the same, the 3rd respondent shall take appropriate steps with intimation
to the 1st respondent for restoration of additional pension. Sd/-
P.V.ASHA JUDGE
ww
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT P1 | TRUE COPY (PPO) ISSUE 10.07.1984. |
OF THE D BY THE |
PENSION PAYMENT ORDER RESPONDENTS 2 & 3 DATED |
|---|---|---|---|
| EXHIBIT P2 | TRUE COPY THE 1ST RE 23.03.2020. |
OF THE SPONDENT |
COMMUNICATION ISSUED BY TO THE PETITIONER DATED |
| EXHIBIT P3 | TRUE COPY SMT.UTHAMA |
OF THE DEVI DAT |
BIRTH CERTIFICATE OF ED 27.4.1952. |
| EXHIBIT P4 | TRUE COPY SRI.N.S.SAS |
OF THE IKUMAR D |
BIRTH CERTIFICATE OF ATED 15.12.2018. |
| EXHIBIT P5 | TRUE COPY PETITIONER. |
OF THE |
AADHAAR CARD OF THE |
| EXHIBIT P6 | TRUE COPY PETITIONER. |
OF TH |
E PAN CARD OF THE |
| EXHIBIT P7 | TRUE COPY PETITIONER 21.12.2020. |
OF THE TO THE R |
REPRESENTATION BY THE ESPONDENTS 1 TO 4 DATED |
1 issue framed by the court
Whether additional family pension should be restored to an elderly widow on production of Aadhaar card/Pan card as proof of date of birth despite absence of entry in Pension Payment Order.
A. Radha Bai
State Bank of India, Centralized Pension Processing Centre
Divisional Railway Manager, Southern Railway
Divisional Accounts Officer, Southern Railway
Assistant Divisional Accounts Officer, Southern Railway
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
