Allowed

Ezhuthan Sarada v. Union of India

Kerala HC27 Nov 2023WP(C)/11797/2017

Case brief

AI extract

What is this about?

Petitioner, widow of a freedom fighter, sought pension arrears from 2009 to 2017 despite an interim order from 2017. Court directed respondents to pay arrears and continue pension.

What did the court decide?

Direction to respondents to disburse arrears of dependent family pension from 10.02.2009 to 22.05.2017 and continue future payments.

Ezhuthan Sarada Vs Union of India — Pension and Retirement Benefits | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V MONDAY, THE 27^TH DAY OF NOVEMBER 2023 / 6TH AGRAHAYANA, 1945 WP(C) NO. 11797 OF 2017

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PETITIONER/S:

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EZHUTHANSARADA
AGED80YEARS
W/O.LATEARAYANKKANDYACHUTHAN,
PUTHIYAVEETILHOUSE,ANDALUR,
P.O.PATAYAD,THALASSERY,KANNURDISTRICT.
BYADVS.
SRI.M.SASINDRAN
SRI.V.VENUGOPAL

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RESPONDENT/S:

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1UNIONOFINDIA
REPRESENTEDBYSECRETARYTOTHEGOVERNMENT,
MINISTRYOFHOMEAFFAIRS,FFRDIVISION/SZSECTION,
2NDFLOOR,NDCCII,PARLIAMENTSTREET,
NEWDELHI110001
2THEUNDERSECRETARYTOTHEGOVERNMENTOFINDIA
MINISTRYOFHOMEAFFAIRS,FFRDIVISION/SZSECTION,
2NDFLOOR,NDCCII,JAISINGROAD,NEWDELHI110001
3STATEOFKERALA
REPRESENTEDBYSECRETARYTOTHEGOVERNMENT,
GENERALADMINISTRATION(FFPA)DEPARTMENT,
SECRETARIAT,THIRUVANANTHAPURAM695001

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4THEDISTRICTCOLLECTOR
KANNUR670001
BYADVS.
SMT.SREEKALAK.L.,CGC
SHRI.HARIDASP.NAIR,CGC
SRI.SMANU,DSGI

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFOR
ADMISSIONON27.11.2023,THECOURTONTHESAMEDAYDELIVERED
THEFOLLOWING:

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W.P(C) No.11797 of 2017

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JUDGMENT

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The petitioner states that her husband Sri.Arayakkandy Achuthan was a prominent freedom fighter. He was sanctioned with pension under the Swatantrata Sainik Samman Scheme, 1980 (hereinafter referred to as ‘the Scheme’ for short) and has been receiving pension w.e.f 5.8.1992.

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Following her husband's demise on 10.2.2009, the petitioner applied for Dependent Family Pension under the Scheme. As the production of a Succession certificate was insisted upon, she approached the Munsiff Court, Thalassery, and instituted O.P.(S.C.) No.8 of 2011. Rival claimants were also made parties in the Original Petition.

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The Munsiff Court, after considering the facts and circumstances and the evidence that was adduced, allowed the petition by Ext.P5 order and orders were issued to issue Succession Certificate in the name of the petitioner to collect the Central and State Government Family Pension for Freedom Fighters as the successor of late Arayakandy Achuthan.

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The party respondents approached the District Court, Thalassery and preferred A.S. No.157 of 2012.

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W.P(C) No.11797 of 2017

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By Ext.P6 judgment, the appeal preferred by the party

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respondents were rejected.

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Immediately thereafter, the party respondents approached the Munsiff Court, Thalassery, and instituted O.S. No.340 of 2014. The records disclose that the said suit was also dismissed by the Munsiff Court.

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The petitioner's grievance is that benefits due to her have not been disbursed by the respondents to date.

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The petitioner contends that when the matter had come up for consideration before this Court on 22.5.2017, this Court had ordered that if the Munsiff Court Thalassery had not granted any interim order in O.S. No.340 of 2014, the order passed by the Munsiff Court in the O.P.(S.C) No.8 of 2011 be given effect to.

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On the strength of the interim order, the petitioner has been receiving dependent family pension from 22.5.2017.

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According to the petitioner, as O.S. No.340 of 2014 has been dismissed, the petitioner is entitled to the arrears due on and from 10.02.2009, on which day Sri. Arayakkandy Achuthan had passed away till the date of issuance of the interim order on 22.5.2017. The petitioner refers to Ext.P14 and submits that the respondents are aware that O.S

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W.P(C) No.11797 of 2017

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No.340 of 2014 has been dismissed, however, the arrears are not being paid due to the pendency of this writ petition.

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I have considered the submissions advanced by the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

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The fact that the petitioner herein is legally entitled to receive the Central and State Government Family Pension of late Sri. Arayakkandy Achuthan has been settled by Ext.P5 and P6 judgments. O.S. No.340 of 2014 preferred before the Munsiff Court, Thalassery has been dismissed. The respondents are aware of the said fact as is evident from Ext.P14. I find that on the strength of the interim orders passed by this Court on 22.05.2017, the benefits due to the petitioner on and from 22.05.2017 has been disbursed. However, the arrears due from 10.02.2009 to 22.05.2017 has not been paid to the petitioners.

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Having considered the entire facts, I am of the view that this writ petition can be disposed of by ordering as under:

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a) There will be a direction to respondents 1 and 2 to disburse the arrears of the dependent family pension due to the petitioner as the successor of Sri.

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W.P(C) No.11797 of 2017

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Arayakkandi Achuthan for the period from 10.2.2009 till

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22.05.2017.

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b) The respondents shall also continue to pay the dependent family pension due to the petitioner as the legal representative of late Sri. Arayakkandy Achuthan.

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Sd/- RAJA VIJAYARAGHAVAN V, JUDGE

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NS/28/11/2023

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W.P(C) No.11797 of 2017

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APPENDIX OF WP(C) 11797/2017

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PETITIONEREXHIBITS

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`EXHIBIT P1`	`TRUE COPY OF THE PENSION PAYMENT ORDER TO THE` `PETITIONER'S HUSBAND WITH EFFECT FROM` `05.08.1992`
`EXHIBIT P2`	`TRUE COPY OF THE COMMUNICATION ISSUED BY THE` `ACCOUNTS OFFICER, CENTRAL PENSION ACCOUNTING` `OFFICER TO THE MANAGER, STATE BANK OF INDIA`
`EXHIBIT P3`	`TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY` `THE REGISTRAR OF BIRTHS AND DEATHS`
`EXHIBIT P4`	`TRUE COPY OF THE KERALA FREEDOM FIGHTERS` `PENSION PAYMENT ORDER SANCTIONING THE` `DEPENDENT FAMILY PENSION TO THE PETITIONER BY` `THE STATE OF KERALA`
`EXHIBIT P5`	`TRUE COPY OF THE ORDER OF THE MUNSIFF COURT,` `THALASSERY DATED 19.06.2012 IN OP (SC) NO.` `8/2011`
`EXHIBIT P6`	`TRUE COPY OF THE JUDGMENT DATED 22.03.2014 IN` `AS.NO. 157/2012 OF THE DISTRICT JUDGE,` `THALASSERY`
`EXHIBIT P7`	`TRUE COPY OF THE COVERING LETTER BY WHICH THE` `APPLICATION HAS BEEN FORWARDED BY THE 4TH` `RESPONDENT TO THE 3RD RESPONDENT DATED` `18.9.2015`
`EXHIBIT 8`	`TRUE COPY OF THE LETTER SENT BY THE 3RD` `RESPONDENT TO THE 1ST RESPONDENT DATED` `31.10.2015.`
`EXHIBIT P9`	`TRUE COPY OF THE COMMUNICATION ISSUED BY THE` `3RD RESPONDENT DATED 23.01.2017.`
`EXHIBIT 10`	`TRUE COPY OF THE PLAINT IN OS.NO. 340/2014 OF` `THE MUNSIFF COURT, THALASSERY DATED` `31.7.2014.`

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W.P(C) No.11797 of 2017

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`EXHIBIT`	`P11`	`TRUE COPY OF THE COMMUNICATION ISSUED BY THE` `2ND RESPONDENT TO THE 3RD RESPONDENT DATED` `30.1.2017.`
`Exhibit`	`P12`	`A TYPED COPY OF THE JUDGMENT DATED 14.7.2021` `IN O.S.NO.340 OF 2014 ON THE FILES OF` `MUNSIFF'S COURT, THALASSERY.`
`Exhibit`	`P13`	`A TRUE COPY OF THE SANCTIONING ORDER` `NO.52/CC/K/06/2017-FF(SZ) DATED 6.3.2019` `ISSUED BY THE 2ND RESPONDENT IN FAVOUR OF THE` `DEPONENT.`
`Exhibit`	`P14`	`A TRUE COPY OF THE LETTER DATED 27.12.2021` `ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT` `TO THIS DEPONENT.`

Ezhuthan Sarada v. Union of India

Case brief

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Ezhuthan Sarada v. Union of India

Case brief

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