Smt.Saramma Devasia vs Food Corpotion Of India
2021 Latest Caselaw 14020 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                        WP(C) NO. 224 OF 2021
PETITIONERS:
     1     SMT.SARAMMA DEVASIA
           AGED 71 YEARS
           NARIYANKUNNEL HOUSE, ETTUMANOOR P O,
           PEROOR VILLAGE,
           KOTTAYAM TALUK.

    2     MRS SHALINI P DEVASIA
          AGED 50 YEARS
          NARIYANKUNNEL HOUSE, ETTUMANOOR P O,
          PEROOR VILLAGE,
          KOTTAYAM TALUK.

    3     MR. BINOY P DEVASIA
          AGED 46 YEARS
          NARIYANKUNNEL HOUSE, ETTUMANOOR P O,
          PEROOR VILLAGE,
          KOTTAYAM TALUK.

          BY ADV SREEKALA KRISHNADAS



RESPONDENTS:

    1     FOOD CORPOTION OF INDIA
          ZONAL OFFICE(WEST),
          FCI NEW BUILDING,
          RAJENDRA NAGAR,
          DATTAPADA ROAD, BORIVALI(EAST) MUMBAI-400066,
          REPRESENTED BY THE CHAIRMAN AND MANAGING DIRECTOR.

    2     UNION OF INDIA
          REPRESENTED BY SECRETARY, MINISTRY OF CONSUMER AFFAIRS,
          FOOD AND PUBLIC DISTRIBUTION, KRISHI BHAWAN, RAFI MARG,
          CONNAUGHT PLACE, NEW DELHI,
          DELHI-110001.

    3     ADDL R3, KASTHURI BHAI
          NO.45/B, SOWKAR STREET WALLAJAHPETTA 1, WALLAH,
          RANIPATI, VELLORE, TAMILNADU-632513.
          IS IMPLEADED AS PER ORDER DATED 26-03-2021 IA NO.2/2021
          IN WP(C)224/2021
 [WP(C) Nos.224/2021, 9104/2021]
                                   2

          BY ADVS.
          SMT.RADHIKA P.GOPINATH       SC
          SMT.O.M.SHALINA, CGC
          PARVATHY VIJAYAN


          SRI. SAJEEV KUMAR K. GOPAL - SC




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2021, ALONG WITH WP(C).9104/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 [WP(C) Nos.224/2021, 9104/2021]
                                  3

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
     WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                      WP(C) NO. 9104 OF 2021
PETITIONERS:
     1     SARAMMA DEVASIA
           AGED 71 YEARS
           NARIYANKUNNEL HOUSE, ETTUMANOOR P.O., PEROOR
           VILLAGE,KOTTAYAM TALUK

    2     MRS.SHALINI P.DEVASIA
          AGED 50 YEARS
          NARIYANKUNNEL HOUSE, ETTUMANOOR P.O., PEROOR
          VILLAGE,KOTTAYAM TALUK

    3     MR.BINOY P.DEVASSIA
          AGED 46 YEARS
          NARIYANKUNNEL HOUSE, ETTUMANOOR P.O., PEROOR
          VILLAGE,KOTTAYAM TALUK

          BY ADVS.
          SREEKALA KRISHNADAS
          KUM.CATHERINE K. XAVIER
          SMT.ASHLY JAMES
          SRI.C.VIVEK


RESPONDENTS:
     1     FOOD CORPORATION OF INDIA
           ZONAL OFFICE (WEST), FCI NEW BUILDING, RAJENDRA NAGAR,
           DATTAPADA ROAD, BORIVALI (EAST), MUMBAI-400066,
           REPRESENTED BY THE CHAIRMAN AND MANAGING DIRECTOR

    2     PROVIDENT FUND COMMISSIONER,
          BHAVISHYA NIDHI BHAWAN , 14, BHIKAJI CAMA PLACE, NEW
          DELHI-110 066

    3     UNION OF INDIA,
          REPRESENTED BY SECRETARY, MINISTRY OF CONSUMER AFFAIRS,
 [WP(C) Nos.224/2021, 9104/2021]
                                   4

          FOOD AND PUBLIC DISTRIBUTION, KRISHI BHAWAN, RAFI MARG,
          CONNAUGHT PLACE, NEW DELHI-110 001

          SMT.RADHIKA P.GOPINATH       SC
          SMT.O.M.SHALINA, CGC
          PARVATHY VIJAYAN

          SRI. SAJEEV KUMAR K. GOPAL - SC


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2021, ALONG WITH WP(C).224/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 [WP(C) Nos.224/2021, 9104/2021]
                                       5

                                JUDGMENT

The mother and the siblings of late Dolly. P. Devassia, who

unfortunately expired while in the services of the Food Corporation of

India (FCI) as the General Manager - Law, are before this Court in

these two writ petitions.

2. Among the above two writ petitions, WP(C) No.224/2021

has been filed by the petitioners impugning Ext.P11 proceedings of

the competent Authority of the FCI dated 30.09.2020, whereby, they

were asked to produce a Succession Certificate or a Declaratory

Decree from a competent Court, so as to claim the retiral benefits of

late Dolly. P. Devassia. As far as the 2 nd writ petition, namely, WP(C)

No.9104/2021, is concerned, petitioners seek a declaration that

paragraph 2(g) of the Employees' Provident Funds Scheme, 1952 and

Regulation 2(f) of the Food Corporation of India Contributory

Provident Fund Regulations, 2015, are nonest, illegal and

unconstitutional because, it perpetuates gender bias, prejudicial to a

woman employee.

3. The proximate cause for the petitioners to approach this [WP(C) Nos.224/2021, 9104/2021]

Court, as is available from the pleadings in the two writ petitions, is

that when Dolly.P.Devassia unfortunately died on 26.04.2017, the FCI

took the stand that her mother-in-law, namely, the 3 rd respondent

herein - Smt.Kasthuri Bhai, is also entitled to claim her retiral

benefits, as per the provisions of the applicable Schemes and

Regulations. The petitioners were, therefore, directed by the FCI to

produce a Succession Certificate asserting that a Legal Heirship

Certificate would not suffice. It is this which has been challenged, as

said above, by the petitioners. They also impel a specific allegation

that the aforementioned Schemes seek such rigor only from deceased

women employees and not men employees.

4. I must say upfront that it would not require me to consider

the contentions of the petitioners on its merits any further because,

pending this lis, Smt.Kasthuri Bhai, the mother-in-law of late Dolly.

P. Devassia, offered a sworn affidavit averring that she does not

require any portion of her daughter-in-law's pensionary benefits and

affirming that entire amounts can be received and used by the

petitioners.

[WP(C) Nos.224/2021, 9104/2021]

5. I, therefore, asked Smt.Radhika.P.Gopinath - the learned

Standing Counsel for the Food Corporation of India, if there is any

further requirement of obtaining Succession Certificate by the

petitioners, to which she replied that Ext.P11 in WP(C) No.224/2021

was issued to ensure that the mother-in-law of the deceased employee

is not deprived of her legitimate share of the retiral benefit. She then

affirmed that since Smt.Kasthuri Bhai - the mother-in-law of late

Dolly.P.Devasia, has now said that she is not interested in the retiral

benefits, there does not appear to be any legal impediment in

releasing the benefits to the petitioners, even on the strength of the

Legal Heirship Certificate.

6. Smt.Liya Richard, representing Smt.Parvathy Vijayan,

appearing on behalf of Smt. Kasthuri Bhai, reiteratingly affirmed that

her client is not interested in the retiral benefits of late

Dolly.P.Devassia and that her affidavit to that effect has been placed

on record as Ext.R3(a) in WP(C) No.224/2021. She, therefore,

submitted that no further orders may be issued against her client,

ingeminating that the FCI may be given the liberty to transfer the [WP(C) Nos.224/2021, 9104/2021]

entire retiral benefit of late Dolly.P.Devassia to the petitioners in these

cases.

7. On hearing the learned counsel as afore, Smt.Sreekala

Krishnadas - learned counsel appearing for the petitioners, prayed

that the FCI, therefore, be directed to pay her clients the retiral

benefits of late Dolly.P.Devassia, within a time frame; and also sought

that they be asked to pay the statutory interest for the delay caused in

releasing the benefits.

8. As regards the first request of Smt.Sreekala Krishnadas, I

am certain that this Court can accede it; but with respect to the request

for interest, I am of the opinion that it would not be proper for this

Court to answer it one way or the other and that same be left open so

that petitioners may agitate in a competent Forum, if they are so

interested. I am so persuaded because, until Smt.Kasthuri Bhai filed

Ext.R3(a) affidavit in WP(C) No.224/2021 before this Court, it would

not have been possible for the FCI to know whether she was

interested in the share of the retiral benefits of late Dolly.P.Devassia.

9. This is more so because, prima facie, the Regulations [WP(C) Nos.224/2021, 9104/2021]

applicable to FCI mandate that the mother-in-law is entitled to the

benefits of late Dolly.P.Devasia and obviously, therefore, unless her

claim had been properly relinquished, it would not have been possible

for the FCI to accede to the petitioners' claim. This Court is,

therefore, incapacitated from adjudicating as to whether there is any

deliberate delay on the part of the FCI in releasing the said benefits.

In the afore circumstances, I close WP(C) No.9104/2021,

finding it to be unnecessary for this Court to consider the

constitutionality of the Schemes mentioned therein, but leaving all

open to be pursued in future, if so necessary; and allow WP(C)

No.224/2021, recording the submission of the 3rd respondent -

Smt.Kasthuri Bhai that she is not interested in the retiral benefits of

late Dolly.P.Devassia.

Consequentially, I direct the competent Authority of the Food

Corporation of India to release all benefits in the name of late

Dolly.P.Devassia to the petitioners, within a period of one month from

the date of receipt of a copy of this judgment. I make it, however,

clear that if the amounts are not disbursed within the time frame [WP(C) Nos.224/2021, 9104/2021]

granted herein, same will carry interest @ 9% per annum from the

time it became due until it is actually paid.

Sd/-

DEVAN RAMACHANDRAN

JUDGE SAS/07/07/2021 [WP(C) Nos.224/2021, 9104/2021]

APPENDIX OF WP(C) 9104/2021

PETITIONERS' ANNEXURE

EXHIBIT P1 TRUE COPY OF THE W P (C) NO.224/2021 FILED BY THE PETITIONER BEFORE THIS HON'BLE COURT, EXCLUDING EXHIBITS

EXHIBIT P2 TRUE COPY OF COUNTER FILED BY THE FIRST RESPONDENT DATED 03.02.2021

EXHIBIT P3 TRUE COPY OF ADDITIONAL COUNTER FILED BY THE FIRST RESPONDENT BEFORE THIS HON'BLE COURT DATED 22.02.2021, EXCLUDING ITS EXHIBITS

EXHIBIT P4 TRUE COPY OF THE RELEVANT PORTIONS OF THE FOOD CORPORATION OF INDIA CONTRIBUTORY PROVIDENT FUND REGULATION, 2015

EXHIBIT P5 TRUE COPY OF THE EPF SCHEME 1952 [WP(C) Nos.224/2021, 9104/2021]

APPENDIX OF WP(C) 224/2021

PETITIONERS' ANNEXURE

EXHIBIT P1 TRUE COPY OF LETTER DATED 01.09.2017 ISSUED BY THE FIRST PETITIONER TO THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF LETTER NO FCI/DCPS/ZO/(W)/2018 DATED 26.05.2018 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P3 TRUE COPY OF LETTER NO FCI/DCPS/ZO/(W)/2018 DATED 25.06.2018 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P4 TRUE COPY OF LETTER NO FCI/DCPS/ZO(W)/2018 DATED 27/09/2018 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P5 TRUE COPY OF LETTER NO FCI/DCPS/ZO(W)/2018 DATED 06.08.2018 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P6 TRUE COPY OF LETER NO. FCI/DCPS/ZO(W)/2018-

VOL-I DATED 27.06.2019 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P7 TRUE COPY OF LETTER NO. PF/GM(LAW)/DPO DATED 25/09/2018 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P8 TRUE COPY OF LEGAL HEIRSHIP CERTIFICATE NO E4-10509/18/K.DIS DATED 15.02.2019 ISSUED BY THE TAHSILDAR KOTTAYAM.

EXHIBIT P9 TRUE COPY OF LETTER DATED 18/09/2019 ISSUED BY THE 3RD PETITIONER.

EXHIBIT P10 TRUE COPY OF NOTICE DATED 25.06.2020 ISSUED TO THE 1ST RESPONDENT.

[WP(C) Nos.224/2021, 9104/2021]

EXHIBIT P11 TRUE COPY OF LETTER NO. ESTT./PF/GM(LAW)/DPD DATED 30.09.2020 ISSUED FROM OFFICE OF THE FIRST RESPONDENT.

EXHIBIT P12 TRUE COPY OF LETTER FROM THE LAWYER DATED 15.10.2020.

EXHIBIT P13 TRUE COPY OF THE RECEIPT DATED 16.11.2015 ISSUED BY UNION BANK OF INDIA.

RESPODNENTS' EXHIBITS:

EXHIBIT R1A EXTRACT OF RELEVANT PAGES OF FCI CPF REGULATION 2015

//TRUE COPY//

P.A. TO JUDGE