Zaheena vs The Assistant Chief Accounts ...
2021 Latest Caselaw 954 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

                      WP(C).No.28293 OF 2020(J)


PETITIONER:
               ZAHEENA,
               AGED 50 YEARS
               D/O.(LATE)MOIDEEN KHAN.E,KHAN'S MANZIL,
               PALLATH ROAD,ERNAKULAM-682032.

               BY ADVS.
               SRI.SUSHANTH.J.
               SRI.ALAN PRIYADARSHI DEV
               SMT.KRISHNAPRIYA B.

RESPONDENTS:

      1        THE ASSISTANT CHIEF ACCOUNTS OFFICER (PEN)
               GOVERNMENT OF INDIA,MINISRY OF COMMUNICATION AND
               IT,OFFICE OF THE COMPTROLLER OF COMMUNICATIONS
               ACCOUNTS,5TH FLOOR,DOOR SANCHAR BHAVAN,
               TRIVANDRUM-695033.

      2        THE ACCOUNTS OFFICER(PENSION),
               O/O..PGMT,BSNL BHAVAN,KALATHIPARAMBIL ROAD,KOCHI-
               682016.

      3        SHAKEELAHAMED,
               S/O.SHAFEEKAHAMED,6/299,PONNANI ROAD,
               CHERUTHURUTHY.P.O,SHORNUR,
               THRISSUR DISTRICT,PIN-679531.

               R1 BY ADV. SRI.N.S.DAYA SINDHU SHREE HARI
               R1-2 BY ADV. SMT.I.SHEELA DEVI

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-
01-2021, THE COURT ON 11-01-2021 DELIVERED THE FOLLOWING:
 W.P.(C).No.28293/2020
                                    2


                              JUDGMENT

Dated this the 11th day of January 2021

1. The writ petition is filed seeking directions to respondents 1

and 2 to consider sanctioning of Family Pension to the

petitioner waiving the requirement of divorce certificate by a

competent authority, accepting a no objection letter from the

3rd respondent.

2. The issue being with regard to family pension of an employee

of the BSNL, the petitioner has to approach the Central

Administrative Tribunal. Though the learned counsel for the

petitioner attempted to urge that the petitioner's claim is not a

service matter, Section 3(q) of the Administrative Tribunals

Act, 1985 specifically includes remuneration including

allowances, pension and other retirement benefits also within

the ambit of service matters. Section 14 ousts the jurisdiction

of all Courts except the Supreme Court and vests the CAT with

jurisdiction to consider such matters. Though it has been held

that the power of judicial review vested in this Court cannot

be ousted, the petitioner undoubtedly has to approach the W.P.(C).No.28293/2020

Tribunal at the first instance. Though the learned counsel for

the petitioner would place reliance on the decisions of the

Apex Court, the said decisions are with regard to the

availablity of alternate remedy and the exclusive jurisdiction

by the Administrative Tribunals Act has not been considered

therein.

The writ petition is not maintainable before this Court. The

writ petition fails and is accordingly dismissed without

prejudice to the right of the petitioner to approach the

appropriate Forum.

Sd/-

Anu Sivaraman, Judge

sj/5/1/2021 W.P.(C).No.28293/2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF DEATH CERTIFICATE OF MOTHER OF THE PETITIONER DATED 04.02.2014 ISSUED BY THE COCHIN CORPORATION

EXHIBIT P2 TRUE COPY OF DEATH CERTIFICATE OF FATHER OF THE PETITIONER DATED 21.05.2020 ISSUED BY THE COCHIN CORPORATION

EXHIBIT P3 TRUE COPY OF THE LETTER NO.CCA/TVM/FP/TC/EK/TD/284/1993/1039 DATED 27.07.2020 ISSUED BY THE 1ST RESPONDENT

EXHIBIT P4 TRUE COPY OF THE LETTER DATED 21.08.2014 SUBMITTED BY THE PETITIONER'S FATHER BEFORE THE CONTROLLER OF COMMUNICATION ACCOUNTS,KERALA TELECOM CIRCLE,DOOR SANCHAR BHAVAN,TRIVANDRUM

EXHIBIT P5 TRUE COPY OF LETTER NO.EII/2/40/MISC CASES/2020-21/9 DATED 09.11.2020 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

EXHIBIT P6 TRUE COPY OF THE LETTER DATED 20.12.2013 ISSUED BY THE GENERAL SECRETARY OF THE ILFATHUL ISLAM SANGH,PONNURUNNI JAMA ATH,PALARIVATTOM,KOCHI-682025 TO THE 3RD RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE RELATIONSHIP CERTIFICATE DATED 27.10.2020 ISSUED BY THE VILLAGE OFFICER,POONITHURA TO THE PETITIONER.

W.P.(C).No.28293/2020

EXHIBIT P8 TRUE COPY OF THE DEPENDENCY CERTIFICATE DATED 09.09.2020 ISSUED BY THE VILLAGE OFFICER,POONITHURA TO THE PETITIONER

EXHIBIT P9 TRUE COPY OF THE INCOME CERTIFICATE DATED O9.09.2020 ISSUED BY THE VILLAGE OFFICER, POONITHURA TO THE PETITIONER

EXHIBIT P10 TRUE COPY OF THE NON-RE-MARRIAGE CERTIFICATE DATED 09.09.2020 ISSUED BY THE VILLAGE OFFCIE,POONITHURA TO THE PETITIONER

EXHIBIT P11 TRUE COPY OF THE NON-EMPLOYMENT CERTIFICATE DATED 19.11.2020 ISSUED TO THE PETITIONER BY THE VILLAGE OFFICER,POONITHURA.

EXHIBIT P12 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE VILLAGE OFFICER, POONITHURA THROUGH WEB SITE EDISTRICT.KERALA.GOV.IN DATED 23.12.2020.

True copy

PS to Judge