Disposed

Johny Joseph v. High Court of Kerala

Kerala HC23 Nov 2023WP(C)/22033/2023

Case brief

AI extract

What is this about?

Petitioner, an office attendant, sought family pension via compassionate grounds but discontinued funds upon intending remarriage. Later, he withdrew this request stating he did not marry. The Court directed production of a non-marriage certificate to the disbursing authority to resume payment with arrears.

What did the court decide?

Directed petitioner to produce non-remarriage certificate to 4th respondent; upon submission, respondent to consider and disburse pension with arrears from April 2021.

Johny Joseph Vs High Court of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
THURSDAY,THE23RDDAYOFNOVEMBER2023/2NDAGRAHAYANA,
1945
WP(C)NO.22033OF2023

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PETITIONER:

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JOHNYJOSEPH
AGED58YEARS
OFFICEATTENDANT,DESPATCHSECTION,HIGHCOURTOF
KERALA,ERNAKULAM,KOCHI,PIN-682031

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BYADVS.
LINDONSC.DAVIS
E.U.DHANYA
N.S.SHAMILA
CHINJUP.JOYIES

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RESPONDENTS:

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1HIGHCOURTOFKERALA
REPRESENTEDBYITSREGISTRARGENERAL,ERNAKULAM,
PIN-682031
2REGISTRARGENERAL
HIGHCOURTOFKERALA,ERNAKULAM,PIN-682031
3ACCOUNTANTGENERAL(A&E),
OFFICEOFTHEACCOUNTANTGENERAL,THIRUVANANTHAPURAM,
PIN-695001

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4SUBTREASURYOFFICER
PENSIONPAYMENTSUBTREASURY,ERNAKULAM,
KOCHI,PIN-682011
BYADVS

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SRI.B.UNNIKRISHNAKAIMAL,SCFORHIGHCOURTOF
KERALA
SMT.PRINCYXAVIER,SR.GP.
THISWRITPETITION(CIVIL)HAVINGCOMEUPFOR
ADMISSIONON23.11.2023,THECOURTONTHESAMEDAYDELIVERED
THEFOLLOWING:

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W.P(C) No.22033 of 2023

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JUDGMENT

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Sri. Johny Joseph, the petitioner herein, is working as an Office Attendant in the High Court of Kerala. He had secured appointment under the compassionate employment scheme on the death of his wife, who was formerly an Office Attendant in the High Court.

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The petitioner states that he was receiving family pension consequent to the death of his wife. While so, he submitted Ext.P1, informing that the family pension be discontinued as he intends to remarry. The petitioner states that he was unable to solemnise the marriage for one reason or the other. In the said circumstances, he is stated to have submitted Ext.P2 on 14.4.2021 to freeze the proceedings pursuant to Ext.P1 and continue to disburse the family pension which was due to him.

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The petitioner states that the request made by him was rejected by the 3rd respondent. The petitioner asserts that he has not remarried and hence, it is only just and proper that Ext.P2 be considered. It is on these assertions that this writ petition is filed seeking issuance of directions to respondents 2 to 4 for disbursement of the family pension to the petitioner along with arrears due from April, 2021 and also for quashing Exts P4 and P5.

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W.P(C) No.22033 of 2023

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A counter affidavit has been filed by the respondents 1 and 2.

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It is stated that the Registry has no role in stopping the family pension on remarriages or otherwise of the petitioner. It is stated that on receipt of Ext.P1 request, the matter was duly communicated to the 3rd respondent vide Ext.R1(c) letter dated 30.3.2021.

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A counter affidavit has been filed by the 3rd respondent. It is stated that the function of the 3rd respondent with regard to payment of family pension is only with its authorisation. For continued payment or stoppage of family pension, the action is with the pension disbursing authority. It is further stated that the Registrar has been directed to take appropriate action and to report the matter to the Pension Disbursing Authority for necessary action.

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I find that in the instant case, the petitioner had submitted Ext.P1 stating that he intends to get remarried and requested that the family pension be stopped. Immediately thereafter, the petitioner issued Ext.P2, stating that Ext.P1 was submitted based on wrong legal advice, and he did not remarry as intimated earlier. From the submissions made by the counsel appearing for the respondents and the stand taken in the counter, it appears that the respondents have no objection to continuing with the payment of Family Pension if the petitioner produces a non-marriage certificate before the pension disbursing authority.

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W.P(C) No.22033 of 2023

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In view of the discussion above, this petition is disposed of by

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directing the petitioner to approach the 4th respondent and produce a non-remarriage certificate. If the same is submitted as ordered, the said

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respondent shall consider the same and disburse the family pension due to the petitioner along with arrears due from April 2021.

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The writ petition is disposed of.

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Sd/- RAJA VIJAYARAGHAVAN V, JUDGE

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IAP

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W.P(C) No.22033 of 2023

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APPENDIX OF WP(C) 22033/2023

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PETITIONER’S EXHIBITS:

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`Exhibit P1`	`A COPY OF THE SUBMISSION OF THE PETITIONER` `DATED 23.02.2021`
`Exhibit P2`	`A COPY OF THE SUBMISSION DATED 14.04.2021` `OF THE PETITIONER`
`Exhibit P3`	`A COPY OF THE LETTER NO.A4-80154/2016 DATED` `13.08.2021`
`Exhibit P4`	`A COPY OF THE LETTER` `NO.P8/5/2101773586/118006/477 DATED` `26.04.2022 ISSUED FROM THE OFFICE OF THE` `3RD RESPONDENT`
`Exhibit P5`	`A COPY OF THE LETTER NO.A4-80154/2016 DATED` `02.06.2022 OF THE 2ND RESPONDENT TO THE 4TH` `RESPONDENT`

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RESPONDENTS’EXHIBITS

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`Exhibit R1(a)`	`True copy of the Pension Verification` `Report No.P.R.2101773586/P- 8/5/1117337210` `dated 14-3-2017 issued by the 3rd` `respondent`
`Exhibit R1(b)`	`True copy of the marriage agreement dated` `31-12-2020`
`Exhibit R1(c)`	`True copy of the letter No.A4- 80154/2016` `dated 30-3-2021 of the 2nd respondent` `addressed to the 3rd respondent`
`Exhibit R3 (a)`	`True copy of a registered document of` `mutual agreement to live together as` `husband and wife entered into by petitioner` `with Smt. Geethamma. S`

Johny Joseph v. High Court of Kerala

Case brief

What is this about?

What did the court decide?

Johny Joseph v. High Court of Kerala

Case brief

What is this about?

What did the court decide?

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