Samuel J vs Union Of India
2021 Latest Caselaw 15459 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
                      WP(C) NO. 33155 OF 2019
PETITIONER:
           SAMUEL J.
           AGED 71 YEARS
           SON OF (LATE) VARGHESE YOHANNAN, KUNJANETHU HOUSE,
           PUNTHALA P.O.VENMONY (VIA), CHENGANNUR, ALLEPPEY
           DISTRICT, KERALA-689 509.

           BY ADV K.N.SASIDHARAN NAIR



RESPONDENTS:
     1     UNION OF INDIA
           REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF
           INDIA, MINISTRY OF HOME AFFAIRS, DEPARTMENT OF INTERNAL
           SECURITY, NORTH BLOCK, NEW DELHI-110 001.

    2      SENIOR COMMANDANT,
           CENTRAL INDUSTRIAL SECURITY FORCE (MINISTRY OF HOME
           AFFAIRS) UNIT, RCFL PREMISES, CHEMBUR, MUMBAI-400 074.

    3      CONTROLLER OF ACCOUNTS,
           PAY AND ACCOUNTS OFFICE, CENTRAL INDUSTRIAL SECURITY
           FORCE, MINISTRY OF HOME AFFAIRS, 5TH FLOOR, E-BLOCK,
           GPO COMPLEX, I.N.A NEW DELHI-110 023.

    4      SENIOR ACCOUNTS OFFICER,
           PAY AND ACCOUNT OFFICE, CENTRAL INDUSTRIAL SECURITY
           FORCE, MINISTRY OF HOME AFFAIRS, 5TH FLOOR, E-BLOCK,
           GPO COMPLEX, I.N.A NEW DELHI-110 023.

    5      PAY AND ACCOUNTS OFFICER,
           CENTRAL PENSION ACCOUNTING OFFICE (CENTRAL CIVIL
           PENSIONS), GOVERNMENT OF INDIA, THRIKOOT-2, BHIKAJI
           CAMA PLACE, NEW DELHI-110 066.

           BY ADV SHRI.P.VIJAYAKUMAR, ASG OF INDIA, SRI. DAYA
           SINDHU SREEHARI-C.G.C



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 33155 OF 2019

                                 2


                             JUDGMENT

This writ petition was filed seeking appropriate directions to

endorse the name of the petitioner's wife, whom he had married post

retirement in his pension payment order based on Ext.P4 application.

It is submitted by the learned counsel for the petitioner that Ext.P3

circular provides the method for making such an application in the

case of a marriage post retirement. It is submitted that though Ext.P4

application had been submitted as early as on December 14, 2013, the

action for entering the name of the petitioner's wife in his pension

records could be carried out only after the intervention of this Court

by interim order dated 22.01.2020 and upon instructions being given

to the concerned officers by the Government counsel appearing on

this matter.

2. It is submitted by the learned counsel appearing on either

side, that the grievance of the petitioner now stands redressed.

However, it is submitted that the petitioner had highlighted the

callous attitude of the respondents and the inordinate delay which

occurred in considering his legitimate request and also sought

compensation for the mental agony he had to suffer on account of the WP(C) NO. 33155 OF 2019

delayed action on the part of the respondents even in spite of Ext.P3

orders of the Government.

3. The learned Central Government Counsel appearing for the

respondents would submit that it was on account of certain

misunderstandings in the office of the respondents that there was a

delay in forwarding the details and that pursuant to the directions

issued by this Court on 22.01.2020, appropriate steps had been taken

to assist the petitioner in making a proper application and the matter

has now been resolved by adding the name of his wife in the pension

papers.

Having considered the contentions advanced, I am of the

opinion that since the substantial grievance raised by the petitioner

has been redressed, no further directions are liable to be issued in this

writ petition. However, before parting with this writ petition, it is

made clear that the respondents shall take appropriate steps to see

that orders in the nature of Ext.P3 are complied with and that

applicants under Office Memoranda like Ext.P3 are not put to undue

hardship and difficulty for getting the benefits to which they are

legally entitled on the basis of orders of the Government. Appropriate WP(C) NO. 33155 OF 2019

steps shall be taken by the 1st respondent to see that any undue delay

on the part of the officers to grant the benefits to employees and

retires are taken note of and duly addressed.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C) NO. 33155 OF 2019

APPENDIX OF WP(C) 33155/2019

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PENSION PAYMENT ORDER NO 232830800464 DATED 12.2.2008 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER

EXHIBIT P2 TRUE COPY OF THE PETITIONERS INTIMATION TO THE SECOND RESPONDENT DATED 31.3.2008

EXHIBIT P3 TRUE COPY OF RELEVANT PAGES OM NO 1 (23)-P& P.W./91-E DATED 4.11.1992 OF THE DEPARTMENT OF PENSION AND PENSIONERS WELFARE, GOVERNMENT OF INDIA.

EXHIBIT P4 TRUE COPY OF THE APPLICATION DATED 14.12.2013 SUBMITTED BY THE PETITIONER TO THE SECOND RESPONDENT

EXHIBIT P5 TRUE COPY OF THE SECOND RESPONDENTS LETTER NO E-15017/02/RCFL(MUM)/DASTA/14-1919 DATED 7.5.2014 TO THE PETITIONER

EXHIBIT P5 TRUE ENGLISH TRANSLATION OF EXHIBIT P5 LETTER

EXHIBIT P6 TRUE COPY OF THE POSTAL REGISTRATION RECEIPT DATED 14.6.2014

EXHIBIT P7 TRUE COPY OF THE PETITIONERS LETTER DATED 30.9.2014 ADDRESSED TO THE SECOND RESPONDENT

EXHIBIT P8 TRUE COPY OF THE SECOND RESPONDENTS LETTER NO E-15017/02/RCFL(MUM) DASTA/14-6785 DATED 31.10.2014 TO THE PETITIONER

EXHIBIT P8 TRUE ENGLISH TRANSLATION OF EXHIBIT P8

EXHIBIT P9 TRUE COPY OF THE PETITIONERS APPLICATION FOR INFORMATION UNDER THE RIGHT TO INFORMATION ACT 2005, DATED 18.2.2015

EXHIBIT P10 TRUE COPY OF THE FOURTH RESPONDENTS LETTER NO PAO/CISF/MHA/FAMILY PENSION/2014-15/138 DATED 23.2.2015 TO THE SECOND RESPONDENT

EXHIBIT P11 TRUE COPY OF THE THIRD RESPONDENTS LETTER NO PAO/CISF/MHA/PEN/2014-15/154 DATED 27.2.2015 WP(C) NO. 33155 OF 2019

TO THE PETITIONER

EXHIBIT P12 TRUE COPY OF THE PETITIONERS LETTER TO THE SECOND RESPONDENT DATED 16.3.2015

EXHIBIT P13 TRUE COPY OF THE SECOND RESPONDENTS LETTER TO THE FOURTH RESPONDENT BEARING NO E-

15017/02/RCFL(MUM)DASTA/15-1121 DATED 24.3.2015

EXHIBIT P13 A TRUE ENGLISH TRANSLATION OF EXHIBIT P13

EXHIBIT P14 TRUE COPY OF THE PETITIONERS APPLICATION FOR INFORMATION UNDER THE RIGHT TO INFORMATION TO INFORMATION ACT 2005, DATED 11.7.2015

EXHIBIT P15 TRUE COPY OF THE THIRD RESPONDENTS LETTER NO PAO/CISF.MHA/PEN/2014-15/61 DATED 22.7.2015 TO THE PETITIONER

EXHIBIT P16 TRUE COPY OF THE SECOND RESPONDENTS LETTER NO E-36019/13 DATA/CISF/2015/3229 DATED 6.8.2015 TO THE PETITIONER

EXHIBIT P16 TRUE ENGLISH TRANSLATION OF EXHIBIT P16

EXHIBIT P17 TRUE COPY OF THE PETITIONER LETTER DATED 5.11.2018 TO THE THIRD RESPONDENT

EXHIBIT P18 TRUE COPY OF THE FOURTH RESPONDENTS LETTER NO PAO/CISF/MHA/PEN/620/2018/67 DATED 17.1.2019 TO THE PETITIONER

RESPONDENTS EXHIBITS

ANNEXURE R2A A TRUE COPY OF COMMUNICATION NO.PAO/CISF/MHA/PENSION/2020-21/665 ISSUED BY THE 4TH RESPONDENT TOT HE 5TH RESPONDENT DATED 27.04.2020