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K.SOUMYA (MINOR),D/O.LATE K.SULOCHANA versus THE ACCOUNTANT GENERAL(A&E)

High Court of Kerala

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K.SOUMYA (MINOR),D/O.LATE K.SULOCHANA v. THE ACCOUNTANT GENERAL(A&E) - WP(C) No. 18393 of 2006(M) [2007] RD-KL 2219 (31 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 18393 of 2006(M)

1. K.SOUMYA (MINOR),D/O.LATE K.SULOCHANA,
... Petitioner

Vs

1. THE ACCOUNTANT GENERAL(A&E)
... Respondent

2. THE STATE OF KERALA REPRESENTED BY THE

3. THE CHIEF CHEMICAL EXAMINER,

4. THE JOINT CHEMICAL EXAMINER,

For Petitioner :SMT.PRABHA R.MENON

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice K.K.DENESAN

Dated :31/01/2007

O R D E R

K.K.DENESAN, J.

WP(C)No. 18393 OF 2006

Dated this the 31st January, 2007.



JUDGMENT

The petitioner is a minor aged 16 years. Her mother late Smt. K.Sulochana, was a part time contingent sweeper in the office of the fourth respondent. Late Smt. K.Sulochana was married to one T.Viswanathan and the petitioner was born in that wedlock on 23.4.1990. Later on, Shri. T.Viswanathan abandoned the petitioner and her mother. It is stated in the writ petition that Viswanathan's whereabouts are not known. The petitioner has approached this Court for a direction to the respondents to sanction/authorise and release the family pension, DCRG and other pensionary benefits to her in the absence of the whereabouts of her father for more than ten years. A writ of certiorari quashing Ext.P8 order of the first respondent is also sought for, in as much as, the first respondent demanded the petitioner to produce death certificate in respect of her father.

2. When this matter came up for consideration on 13.12.2006, this Court, after hearing both sides, passed the following interim order:-

"Third respondent is directed to make arrangements to conduct an enquiry to ascertain who are the surviving members of the family WPC 18393/2006 2 eligible to receive DCRG and family pension. The enquiry report in Annexure III form under Rule 118(3) of Part III K.S.R shall be prepared and produced before this Court on or before 30.1.2007. In conducting the enquiry the third respondent will be free to rely on Ext.P6 Certificate of the Tahsildar. In the meantime, the petitioner shall take steps to produce the certificate relating to the guardian from the competent authority."

3. Govt. Pleader has produced Annexure III form under Rule 118(3) of Part III K.S.R along with a memo. The petitioner has filed additional documents supported by an affidavit. The additional document produced includes Ext.P10 Certificate from the Tahsildar showing that the guardian of the petitioner is Shri.K.Gangadharan, resident of 24/206A "Regha Nivas' Kalpadam Parambu, Azhchavattom, Kozhikode.

4. In the light of the above documents, it is evident beyond doubt that, the petitioner is the only surviving legal heir of late Smt. K. Sulochana and she shall therefore be paid amounts due from the department towards the terminal benefits, family pension etc. on account of the death of Smt. K.Sulochana. In the light of the documents before this Court it is not necessary for the first respondent to insist that the certificates called for as per Ext.P8 should be produced before that respondent to consider the case of the petitioner and grant the reliefs due to him. WPC 18393/2006 3

5. In the above circumstances, Ext.P8 order is set aside. Respondents 1, 3 and 4 are directed to sanction/authorise and release the family pension, DCRG and other terminal benefits due on account of the death of late Smt.K.Sulochana to her minor daughter Soumya, as early as possible, in any event, within two months from the date of receipt of a copy of the judgment. Writ petition is disposed of accordingly. K.K.DENESAN Judge jj


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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