Kerala High Court
Abdul Kareem K.T vs The Kerala Non Resident Keralate S ... on 4 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 4TH DAY OF JUNE 2021 / 14TH JYAISHTA, 1943
WP(C) NO. 3254 OF 2021
PETITIONER:
0
ABDUL KAREEM K.T.,
AGED 60 YEARS,
S/O.THAMPI RAWTHER,
KAVUNKAL VEEDU,
KELAKAM, KANNUR-670 674.
BY ADV ESM.KABEER
RESPONDENT:
0
THE KERALA NON-RESIDENT KERALATE'S WELFARE BOARD,
REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER,
JAWAHAR NAGAR,
KOWDIAR P.O.,
THIRUVANANTHAPURAM-3.
BY ADV SRI.V.MANU, SENIOR GOVERNMENT PLEADER
GOVERNMENT PLEADER SMT. PRINCY XAVIER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.06.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.3254/2021
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 4th day of June, 2021
The petitioner seeks to quash Ext.P3 letter dated
23.10.2020 issued by the respondent-Kerala Non-Resident
Keralites' Welfare Board and to direct the respondent to grant
pension to the petitioner.
2. The petitioner states that he is a member of the
Kerala Non-Resident Keralites' Welfare Board as he was
issued with membership on 05.02.2010. Due to severe
asthmatic complaints and poor living conditions, the petitioner
could not remit the subscriptions in time. The office of the
respondent permitted the petitioner to clear the entire dues
including interest on 01.01.2020 and the entire dues were
credited in the Welfare Fund account of the petitioner.
3. However, when the petitioner applied for pension, it
was denied on the ground that the clearance of dues was after
WP(C) No.3254/2021
two years on completion of 60 years by the petitioner. The
petitioner states that he has submitted Ext.P4 representation
before the Board on 27.10.2020. The representation has not
been considered. When the petitioner was issued with
membership and was permitted to clear all dues by accepting
even interest from him, the respondent will not be justified in
declining pension to the petitioner, contends the petitioner.
4. When this writ petition came up for consideration
today, the Standing Counsel for the respondent-Board
submitted that the respondent cannot sanction any benefits
violating the provisions of the Act and the Scheme. The
respondent can sanction pension only to those who are
members as on the date of their application for pension, in
compliance of the provisions of the Act and the Scheme. The
petitioner ceased to be a member long before the date of his
application for pension and hence he is not eligible for the
same. However, subject to the reservations expressed in the
counter affidavit dated 29.03.2021 filed by the District
Executive Officer of the Board, Ext.P4 representation
WP(C) No.3254/2021
submitted by the petitioner can be considered by the Board
and a decision will be taken thereon strictly in accordance with
law.
In the circumstances, the writ petition is disposed of
directing the respondent to consider Ext.P4 representation
submitted by the petitioner within a period of two months. It is
made clear that this Court has not expressed anything on
merit, on the claim made by the petitioner in this writ petition.
Sd/-
N. NAGARESH, JUDGE
aks/08.06.2021
WP(C) No.3254/2021
APPENDIX OF WP(C) 3254/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE MEMBERSHIP CARD DATED
05.02.2010 IN THE KERALA NON-RESIDENT
KERALATE'S WELFARE FUND.
EXHIBIT P2 TRUE COPY OF THE RECEIPT SHOWING THE
PAYMENT OF SUBSCRIPTION AND ARREARS.
EXHIBIT P3 TRUE COPY OF THE ORDER REJECTING
PENSION DATED 23.10.2020.
EXHIBIT P4 TRUE COPY OF THE REPRESENTATION
SUBMITTED BEFORE THE RESPONDENT DATED
27.10.2020.
RESPONDENT'S EXHIBITS:
EXHIBIT R1(a) A TRUE COPY OF THE CARD ISSUED TO THE
MEMBERS OF THE WELFARE FUND OF THE
BOARD.
SR
