Asha Annie Paul vs Director Of Collegiate Education
2021 Latest Caselaw 20929 Ker

Citation : 2021 Latest Caselaw 20929 Ker
Judgement Date : 6 October, 2021

Kerala High Court

Asha Annie Paul vs Director Of Collegiate Education on 6 October, 2021

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
                       TH
    WEDNESDAY, THE 6        DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                        WP(C) NO. 11732 OF 2021
PETITIONER:

           ASHA ANNIE PAUL,
           AGED 61 YEARS,
           W/O. JAMES S.E. (LATE), RESIDING AT CHAKOLAS ORGANGE
           PARK, HOUSE NO. 15A EDACHIRA, THRIKKAKKARA,
           ERNAKULAM, KERALA 672 030.

           BY ADVS.
           P.SANJAY
           A.PARVATHI MENON
           PAUL VARGHESE (PALLATH)
           P.A.MOHAMMED ASLAM
           KIRAN NARAYANAN
           PRASOON SUNNY
           RAHUL RAJ P.



RESPONDENTS:

    1      DIRECTOR OF COLLEGIATE EDUCATION
           THIRUVANANTHAPURAM DISTRICT 695 001.

    2      DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
           KOTTAYAM DISTRICT 686 001.

    3      THE CHIEF TREASURY OFFICER,
           CALICUT DISTRICT 673 020.

    4      THE PRINCIPAL.
           MALABAR CHRISTIAN COLLEGE, MCC CROSS ROAD,
           KOZHIKODE DISTRICT, ,KERALA 673 001.

 *ADDL.5   ADDL. ALEX E. JAMES,
           S/O.JAMES S.E.(LATE), AGED 36 YEARS,
           RESIDING AT 101, M.R.SATYAM ENCLAVE, CHURCH STREET,
           NEAR KAKDE NURSING HOME, BENGALURU NORTH - 560075.
           (*IS IMPLEADED AS ADDITIONAL 5TH RESPONDENT VIDE ORDER
           DATED 06.10.2021 IN I.A.NO.1/2021)
 WP(C) NO. 11732 OF 2021        -2-




            BY ADV S.K.SAJU
            SRI JIMMY GEORGE, GOVERNMENT PLEADER


     THIS   WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION   ON   06.10.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 11732 OF 2021        -3-



                           JUDGMENT

Petitioner, widow of late Sri.James S.E., approached

this Court for issuance of writ in the nature of mandamus

directing the respondents to sanction and grant Family

Pension due to her on account of death of her husband

who unfortunately died on 08.02.2020.

2. Petitioner's husband was a Professor in Malabar

Christian College, Kozhikode, 4th respondent. He

voluntarily retired on 31.12.2003 and was drawing pension

through State Bank of India Account No.10622502239.

Unfortunately he expired on 08.02.2020, as per the death

certificate Ext.P1. Petitioner was solely depended upon

the pension of her husband. The concerned Bank and

treasury were requested for payment of the pension but a

dispute arose that in the nominee form, deceased husband

had changed the beneficiary's name from petitioner's

name to her son, namely Alex E.James. It is in that

background, as per the submission of the counsel for the

petitioner, the present writ petition has been filed.

3. The fact of demise of the legally wedded

husband of the petitioner vide Ext.P3 is not in dispute.

Though the husband had communicated through a letter,

Ext.R4(a) that he had separated from his wife, there is no

legal sanctity in the absence of any verdict from the

competent Court of law. Mr.Alex E.James, son of the

petitioner and her deceased husband, has filed an affidavit

as Ext.P8 and in Paragraph No.2 thereof has given no

objection for payment of Family/Pensionary benefits to the

petitioner. Contents of Paragraph Nos.2 & 3 of the

affidavit reads thus:

"2. I vouch that my parents Late Prof.S.E.James and Asha Annie Paul, the petitioner herein had their share of martial discord, viz., usual in any marital relationship, but they never had a legal separation or formal divorce from each other. I now understand that the Malabar Christian College, Kozhikode has in their possession of a letter dated 30-09-2003 alleged to have been written by my father Late James S.E. Making me nominee and stating that he is legally separated from my mother Asha Annie Paul. It is submitted that I am not aware of any such thing and at any rate my father and my mother were never legally separated and their marital relation

was intact until his death on 08-02-2020.

3. The alleged change of nominee, if any, made to the family pension form by my late father could only have been an impulsive over-reaction. Even if true, my father may have also forgotten about the change he had made to the records many years ago while he was still in service. Both my mother and I became aware of the said change only after his sudden demise."

4. Learned counsel for the respondents submits

that the specific stand of the respondents in not complying

with the direction of this Court arises as and when the

controversy with regard to the beneficiary is decided,

otherwise the parties were required to seek a declaration

from the competent Court of law. But in view of the

affidavit the said necessity would not arise.

5. I have heard counsel for the parties and

appraised the paper books and of the view that it is a fit

case where a writ in the nature of mandamus is issued to

the respondents as the substituted nominee in place of the

petitioner, namely his son Alex E.James has already been