IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 20471 OF 2022
PETITIONER:
JOHNSON SEBASTIAN, AGED 86 YEARS,
S/O.SEBASTIAN, PUTHENAZHIKAMTHOPPE, THEKKUMBHAGOM,
ERAVIPURAM P.O, KOLLAM-691011.
BY ADVS.SIJU KAMALASANAN
S.ABHILASH
ANJANA KANNATH
T.S.SREEKUTTY
RESPONDENTS:
1 THE PRINCIPAL, FATHIMA MATHA NATIONAL COLLEGE,
CHEMMAN MUKKU, KOLLAM -691001.
2 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION (SOUTH ZONE),
ST. THOMAS SHOPPING COMPLEX, NEAR ORTHODOX BISHOP
CHURCH, CROSS JUNCTION, KOLLAM - 691001.
3 DIRECTOR OF COLLEGIATE EDUCATION,
DIRECTORATE OF COLLEGIATE EDUCATION, VIKAS BHAVAN,
VIKAS BHAVAN P O., THIRUVANANTHAPURAM - 695 033.
4 ACCOUNTS OFFICER (PF),
DIRECTORATE OF COLLEGIATE EDUCATION, VIKAS BHAVAN,
VIKAS BHAVAN P.O, THIRUVANANTHAPURAM, PIN -695 033.
5 PROVIDENT FUND COMMISSIONER, BHAVISHYANIDHI BHAVAN,
POTTAKUZHY RD, PATTOM, THIRUVANANTHAPURAM - 695004.
6 ALEENA A JOSAN, D/O.LATE J. JOSAN, THYPARAMBIL HOUSE,
PUTHENAZHIKAMTHOPPE, THEKKUMBHAGOM, ERAVIPURAM P.O,
KOLLAM-691011.
SMT.PARVATHY K-GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20471 OF 2022
-2-
JUDGMENT
The petitioner seeks that respondents 1 to 3 be directed to disburse to him the terminal benefits of his son, who died while in service of the 1st respondent - College.
2. The petitioner says that his wife, namely Thresia Johan, the mother of the deceased, was the nominee shown in his Service Records and therefore, that he is also entitled to a portion of the pensionary benefits, along with 6th respondent, who is his granddaughter. He, therefore, prays that respondents 1 to 3 be directed to take necessary action in this regard without any further delay.
3. Even when I hear Sri.Siju Kamalasanan - learned counsel for the petitioner, on the afore lines, the fact remains that, legally, the petitioner cannot be construed to be a class I or WP(C) NO. 20471 OF 2022 -3- class II heir of his son, as regards the latter's assets or even pensionary benefits. Therefore, if he has any claim over the same, he must prove it through cogent means.
4. That said, however, the fact that the petitioner's wife was the nominee of the deceased would, by itself, not give him any benefits, because it is now well established - without requirement of restatement, that a nominee is only entitled to receive the proceeds, but not to appropriate it, which will certainly always be with the legal heirs and other entitled persons. In any event, admittedly, the petitioner's wife predeceased his son.
4. Therefore, the only relief that this Court can now possibly give the petitioner is the liberty to approach the competent among respondents 1 to 3 for any claim, which he may have; and then to have it established, if it is WP(C) NO. 20471 OF 2022 -4- disputed, through a process of law.
Reserving the afore liberty to the petitioner, I close this writ petition without any further orders.
Sd/-
DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 20471 OF 2022 -5- APPENDIX OF WP(C) 20471/2022 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF NOMINATION SUBMITTED BY THE LATE J.JOSAN TO THE PROVIDENT FUND AUTHORITIES DATED 26.4.1997. EXHIBIT P2 THE TRUE COPY OF COMMUNICATION DATED 21.5.2022 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.
EXHIBIT P3 THE TRUE COPY OF LEGAL NOTICE DATED 10.5.2022 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT.
RESPONDENT'S/S EXHIBITS : NIL.
//TRUE COPY// P.A. TO JUDGE