A. Radha Bai vs State Bank Of India
2021 Latest Caselaw 2578 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE SMT. JUSTICE P.V.ASHA

      FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942

                       WP(C).No.709 OF 2021(K)

PETITIONER:

               A. RADHA BAI, AGED 89 YEARS,
               W/O.LATE SANKARA NARAYANAPILLAI N. ,
               RESIDING AT MAVOLIL VADAKKATHIL HOUSE, KANDIYOOR,
               MAVELIKARA, ALAPPUZHA DISTRICT, PIN - 690 103.

               BY ADVS.
               SRI.P.HARIDAS
               SRI.BIJU HARIHARAN
               SRI.RENJI GEORGE CHERIAN
               SRI.P.C.SHIJIN
               SRI.RISHIKESH HARIDAS

RESPONDENTS:

      1        STATE BANK OF INDIA,
               CENTRALIZED PENSION PROCESSING CENTRE (C.P.P.C),
               REPRESENTED BY ASSISTANT GENERAL MANAGER,
               3RD FLOOR, CHEMBIKALOM BUILDING, VAZHUTHACAUD,
               THYCAUD P.O., THIRUVANANTHAPURAM, PIN - 695 014.

      2        THE DIVISIONAL RAILWAY MANAGER,
               OFFICE OF THE DIVISIONAL RAILWAY MANAGER,
               SOUTHERN RAILWAY, VAZHUTHACAUD P.O.,
               THIRUVANANTHAPURAM, PIN - 695 014.

      3        THE DIVISIONAL ACCOUNTS OFFICER,
               OFFICE OF THE DIVISIONAL RAILWAY MANAGER,
               SOUTHERN RAILWAY,
               THIRUVANANTHAPURAM, PIN - 695 014.

      4        THE ASSISTANT DIVISIONAL ACCOUNTS OFFICER,
               OFFICE OF THE DIVISIONAL RAILWAY MANAGER,
               SOUTHERN RAILWAY,
               THIRUVANANTHAPURAM, PIN - 695 014.

               BY ADVS. SRI.R.S.KALKURA
                        SRI.A.DINESH RAO, SC, RAILWAYS

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION            ON
22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.709 OF 2021(K)

                                     2


                              JUDGMENT

The petitioner is the widow of

N.Sankara Narayana Pillai, who retired from

Southern Railway in the year 1984. Consequent

to the death of the retired employee,

petitioner started drawing Family Pension

since the year 1989. It is stated that she was

given additional pension from January, 2012

onwards, on attaining the age of 80 years.

Suddenly, the Bank stopped the payment of

additional pension as per Ext.P2 communication

dated 23.03.2020 on the ground that there is

no material to prove the date of birth of the

petitioner in the Pension Payment Order.

Producing the birth certificates of the

petitioner's daughters, which would show the

eldest daughter was born in the year 1951;

the second one was on 24.01.1952 and the third

one, who is a son, was born on 22.04.1953 and WP(C).No.709 OF 2021(K)

producing the Aadhaar card as well as the Pan

card, in which the petitioner's date of birth

is shown as 01.01.2012, petitioner has

approached this Court, when Ext.P7

representation submitted by her on 21.12.2020,

did not yield any results.

2. Sri.R.S.Kalkura, the learned Standing

Counsel for the 1st respondent Bank on

instructions submitted that as per Circular

dated 13.09.2012 issued by Government of

India, Ministry of Personnel Public Grievances

and Pensions, additional pension shall not be

paid in the absence of any proof towards the

date of birth and therefore additional

pension was stopped, seeing that there was no

material on record or any entry in the

Pension Payment Order relating to the date of

birth of the petitioner.

3. Sri.Dinesh Rao, learned Standing

Counsel for the respondents 2 to 4 on WP(C).No.709 OF 2021(K)

instructions submitted that the additional

pension would be restored to petitioner on

production of attested copy of her Aadhaar

card or Pan card. It is submitted that on

being convinced of the date of birth as per

the Aadhaar card, the pension would be

restored and released to the petitioner. This

is recorded. It is also stated that a

communication has already been issued to the

petitioner to that effect on 15.01.2021.

           4.   The       learned          counsel         for      the

     petitioner       points    out      that     the    petitioner

would not be in a position to produce the

documents personally before the Railway

Pension Office because of her physical

condition and she may be permitted to submit

the same through any of her son/daughter or

representatives.

5. When the Pension Disbursing Officer

has submitted that the pension would be WP(C).No.709 OF 2021(K)

disbursed on the strength of the Aadhaar Card,

it would not be necessary for the 1st

respondent Bank to insist any other materials.

The writ petition is therefore

disposed of with a direction to the petitioner

to furnish the attested copy of the Aadhaar

card/Pan card before the 3rd respondent

through any of her authorised representatives,

within a period of two weeks from the date of

receipt of a copy of the judgment. On

production of the same, the 3rd respondent

shall take appropriate steps with intimation

to the 1st respondent for restoration of

additional pension. Sd/-

P.V.ASHA JUDGE

ww WP(C).No.709 OF 2021(K)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PENSION PAYMENT ORDER (PPO) ISSUED BY THE RESPONDENTS 2 & 3 DATED 10.07.1984.

EXHIBIT P2 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 23.03.2020.

EXHIBIT P3 TRUE COPY OF THE BIRTH CERTIFICATE OF SMT.UTHAMA DEVI DATED 27.4.1952.

EXHIBIT P4 TRUE COPY OF THE BIRTH CERTIFICATE OF SRI.N.S.SASIKUMAR DATED 15.12.2018.

EXHIBIT P5 TRUE COPY OF THE AADHAAR CARD OF THE PETITIONER.

EXHIBIT P6 TRUE COPY OF THE PAN CARD OF THE PETITIONER.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION BY THE PETITIONER TO THE RESPONDENTS 1 TO 4 DATED 21.12.2020.