WP(C) NO. 6154 OF 2019 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
WP(C) NO. 6154 OF 2019
PETITIONER/S:
P.LEELA,
AGED 67 YEARS
W/O LATE K.V.NARAYANAN NAIR, PUNCHAVAYAL,
KAYAKKUNNU P.O, PANAMARAM, WAYANAD DISTRICT.
BY ADVS.
M.SASINDRAN
SRI.JOMY K. JOSE
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695
001.
2 THE DEPUTY DIRECTOR OF EDUCATION,
KOZHIKODE, OFFICE OF THE DEPUTY DIRECTOR OF
EDUCATION, KOZHIKODE - 673 001.
3 THE DISTRICT EDUCATIONAL OFFICER,
VATAKARA, KOZHIKODE DISTRICT, PIN - 673 101.
4 THE ASSISTANT EDUCATIONAL OFFICER,
PERAMPRA, KOZHIKODE DISTRICT, PIN - 673 525.
5 THE MANAGER,
A.U.P.SCHOOL, PERAMBRA, KOZHIKODE DISTRICT, PIN -
WP(C) NO. 6154 OF 2019 2
673 525.
6 THE HEADMASTER,
A.U.P.SCHOOL, PERAMPRA, KOZHIKODE DISTRICT, PIN -
673 525.
BY ADVS.
SRI.M.PROMODH KUMAR
SMT.MAYA CHANDRAN
OTHER PRESENT:
SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 6154 OF 2019 3
P.V.KUNHIKRISHNAN, J
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W.P.(C) No. 6154 of 2019
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Dated this the 31st day of March, 2023
JUDGMENT
The above writ petition is filed with following prayers : "i) to issue a writ of mandamus or any other writ order or direction to the respondents 1 to 4 to sanction and disburse all retiral benefits to the petitioner on account of the death of husband K.V.Narayanan Nair, as directed in Ext.P7 order.
ii) to command the respondents 1 to 4 to comply with the direction contained in Ext.P7 within two weeks.
iii) to declare that the Ext.P4 order issued by the 5th respondent is invalid.
iv) to set aside the Ext.P4 order by issuing appropriate writ or order.
v) to command the respondents 1 to 4 to pay Family Pension to the petitioner, with effect from the date of death of the petitioner, forthwith WP(C) NO. 6154 OF 2019 4
vi) To issue any other writ order or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case."
2. The petitioner is the widow of Sri.K.V. Narayanan Nair who was working as Physical Education Teacher in AUP School Perambra since 1970. The petitioner's husband died on 19.03.2005. The grievance of the petitioner is that the retirement benefits were not received by the petitioner, who is the sole nominee of the deceased husband Sri.K.V.Narayanan Nair. The petitioner also approached the Human Rights Commission for the delay in disbursing the amount and the Human Rights Commission also passed Ext.P7 order to disburse the eligible amount to the petitioner. Even then, the same is not disbursed is the grievance. Hence, this writ petition.
3. Heard the learned counsel for the petitioner and the learned Government Pleader. I also heard the counsel appearing for the 5th respondent.
WP(C) NO. 6154 OF 2019 5
4. The learned Government Pleader submitted that the Headmaster of the school has to forward the documents mentioned in Ext.P8 and then only necessary steps can be taken. The learned Government Pleader submitted that the Government has to pass orders regarding the eligibility of the petitioner for retirement benefits. If proper documents are submitted, the Provident Fund amount can be disbursed to the petitioner. If that is the case, there can be a direction to the Headmaster to forward the documents mentioned in Ext.P8 within a time frame and the Provident Fund can be directed to be disbursed forthwith and the petitioner can be allowed to submit a representation before the Government to get the other eligible benefits and there can be a direction to the Government to consider the same, in the light of Ext.P7 order of the Human Rights Commission.
Therefore, this writ petition is disposed of with the following directions :
1) The petitioner will furnish the necessary details WP(C) NO. 6154 OF 2019 6 and documents mentioned in Ext.P8 to the 6 th respondent within one month from the date of receipt of a stamped certified copy of this judgment.
2) Once the documents to be obtained from the petitioner are received, the 6th respondent will forward those documents along with other documents mentioned in Ext.P8 to the 2nd respondent within one month from the date of receipt of the documents from the petitioner.
3) Once the documents mentioned in Ext.P8 are received, the 2nd respondent will disburse the Provident Fund amount to the petitioner forthwith, at any rate, within one month from the date of receipt of the documents from the 6 th respondent.
4) As far as the other eligible benefits are concerned, the petitioner is free to submit a representation before the 1 st respondent within one month from the date of receipt of a stamped certified copy of this judgment.
5) Once such a representation is received, the 1 st WP(C) NO. 6154 OF 2019 7 respondent will consider the same and pass appropriate orders in it, after giving an opportunity of hearing to the petitioner in the light of Ext.P7 as expeditiously as possible, at any rate, within four months from the date of receipt of the representation.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 6154 OF 2019 8 APPENDIX OF WP(C) 6154/2019 RESPONDENT EXHIBITS Exhibit R5(a) True copy of the proceedings of the 4th respondent dated 09/05/2008 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE DEATH CERTIFICATE OF THE PETITIONER'S LATE HUSBAND DATED 07- 09-2005.
EXHIBIT P2 A TRUE COPY OF THE REPRESENTATIONS SUBMITTED BY THE PETITIONER BEFORE THE CHIEF MINISTER DATED 28-07-2013.
EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 25-06-2014 ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION.
EXHIBIT P4 A TRUE COPY OF THE PROCEEDINGS ORDER NO.5/93 DATED 10.01.1994 ISSUED BY THE 5TH RESPONDENT MANAGER.
EXHIBIT P5 A TRUE COPY OF THE LETTER DATED 19-7-96 ISSUED BY THE 5TH RESPONDENT MANAGER, TO THE 3RD RESPONDENT DISTRICT EDUCATIONAL OFFICER.
EXHIBIT P6 A TRUE COPY OF THE APPLICATION DATED 10.10.2015 SUBMITTED BY THE PETITIONER BEFORE THE HUMAN RIGHTS COMMISSION. EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 23.06.2016 OF THE STATE HUMAN RIGHTS COMMISSION. EXHIBIT P8 A TRUE COPY OF THE LETTER DATED 01.03.2017 ISSUED FROM THE OFFICE OF THE WP(C) NO. 6154 OF 2019 9 DEPUTY DIRECTOR, TO THE 6TH RESPONDENT HEADMASTER.
EXHIBIT P9 A TRUE COPY OF THE LETTER DATED 03.05.2018 SUBMITTED BY THE 4TH RESPONDENT ASSISTANT EDUCATIONAL OFFICER TO THE FIRST RESPONDENT GOVERNMENT.