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Aboobacker P. v. the Secretary

Kerala HC3 Jun 2022WP(C)/17727/2022

Case brief

AI extract

What is this about?

A senior Mridangam and Tabla artist filed a writ petition seeking pension under the Scheme for Pension and Medical Aid to Artistes due to financial constraints. The court directed the Ministry of Culture to process the application and sanction the pension forthwith.

What did the court decide?

Directed the competent officer in the Ministry of Culture, Union of India, to process the petitioner's application and to forthwith sanction eligible pension to the petitioner.

Aboobacker P. Vs the Secretary — Pension and Retirement Benefits | Kerala HC (2022)

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W.P.(C)No.17726 of 2022

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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 V.G.ARUN

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MONDAY,THE 21^ST DAY OF NOVEMBER 2022 /30TH KARTHIKA, 1944 WP(C) NO. 17726 OF 2022

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PETITIONER:

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C.K.UDAYABHANU AGED 70 YEARS, S/O LATE T.K. KUNJUKUNJU, CHEKOTTU PADINJATTEL (H) ELANTHOOR P.O., PATHANAMTHITTA DISTRICT KERALA STATE, PIN - 689 643. BY ADV BIJI MATHEW

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RESPONDENTS:

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1 UNION OF INDIA MINISTRY OF CULTURE, REPRESENTED BY ITS SECRETARY, C-WING, SHASTRI BHAVAN, NEW DELHI - 110 001 2 THE UNDER SECRETARY (P-ARTS), MINISTRY OF CULTURE, ROOM NO.210, 2ND FLOOR, PURATATVA BHAWAN, D-BLOCK, G.P.O. COMPLEX, INA, NEW DELHI, PIN-110 023. 3 SOUTH ZONE CULTURE CENTRE, REPRESENTED BY ITS ADMINISTRATIVE OFFICER, MINISTRY OF CULTURE, GOVERNMENT OF INDIA, DAKSHINI MEDICAL COLLEGE ROAD, THANJAVUR, TAMIL NADU - 613 004 BY ADV N.J.ASHWIN

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OTHER PRESENT:

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0 CGC SRI N J ASHWIN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.17726 of 2022

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V.G.ARUN J.

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W.P.(C) No.17726 of 2022

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Dated this the 21^st day of November 2022

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JUDGMENT

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The petitioner, a senior renowned Mridangam and Tabla artist, now in the advanced stage of his life, is finding it extremely difficult to pull on with his life due to financial constraints. The petitioner has submitted Ext.P2 application before the 3^rd respondent seeking pension in accordance with the 'Scheme for Pension and Medical Aid to Artists'. This writ petition is filed aggrieved by the delay in processing the application and disbursing thepension legitimately due to the petitioner.

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In the statement filed on behalf of respondents 1 to 3, it is pointed out that the Ministry of Culture, vide its Letter dated 23/10/2017, had requested all selected Artists, including the petitioner, to furnish additional documents SO AS TO to process the claims. The time limit for providing the documents was extended in view of the pandemic situation.

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Learned CGSC submitted that the petitioner's application and updated documents were received recently and the process for

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W.P.(C) No.17726 of 2022 3

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manufacturing and sanctioning petitioner's pension has

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commenced.

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Learned counsel for the petitioner pointed out that the petitioner is suffering from cardiac issues and the authority should be directed to sanction pension from the date of initial submission of the application.

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In view of the submissions, this writ petition is disposed of directing the competent officer in the Ministry of Culture, Union of India, to process the petitioner's application and to forthwith sanction eligible pension to the petitioner.

Sd/-

V.G.ARUN

JUDGE

dpk

W.P.(C) No.17726 of 2022

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APPENDIX OF WP(C) 17726/2022

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PETITION	ER EXHI	BITS
Exhibit	P1	TRUE COPY OF THE LETTER BEARING NO.2- 10/2017-ARTIST PENSION, DATED 23.10.2017 ISSUED BY THE 3RD RESPONDENT.
Exhibit	P2	TRUE COPY OF THE APPLICATION SUBMITTED BEFORE THE 3RD RESPONDENT UNDER THE SCHEME FOR PENSION AND MEDICAL AID TO ARTISTES.
Exhibit	P3	TRUE COPY OF THE LETTER BEARING F. NO.SZCC/III/157/PENSION SCHEME/2019-20 DATED 21.9.2021 ISSUED BY THE 3RD RESPONDENT.
Exhibit	P4	TRUE COPY OF THE LETTER DATED 31.12.2021 ENCLOSING DIGITAL LIFE CERTIFICATE SEND TO THE 3RD RESPONDENT.
Exhibit	P5	TRUE COPY OF THE LETTER DATED 31.12.2021 ENCLOSING DIGITAL LIFE CERTIFICATE SEND TO THE LIC OF INDIA.
Exhibit	P6	TRUE COPY OF THE LETTER BEARING F. NO.SZCC/III/157/PENSION SCHEME/2021-22, DATED 24.2.2022 ISSUED BY THE 3RD RESPONDENT.
Exhibit	P7	TRUE COPY OF THE REPRESENTATION DATED 14.3.2022 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
Exhibit	P8	TRUE COPY OF THE INCOME CERTIFICATE NO. 66768578, DATED 30.07.2022 ISSUED BY THE VILLAGE OFFICER, ELANTHOOR VILLAGE OFFICE.

Aboobacker P. v. the Secretary

Case brief

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Aboobacker P. v. the Secretary

Case brief

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