Johnson Sebastian vs The Principal
2022 Latest Caselaw 7423 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                       WP(C) NO. 20471 OF 2022
PETITIONER:

           JOHNSON SEBASTIAN, AGED 86 YEARS,
           S/O.SEBASTIAN, PUTHENAZHIKAMTHOPPE, THEKKUMBHAGOM,
           ERAVIPURAM P.O, KOLLAM-691011.

           BY ADVS.SIJU KAMALASANAN
           S.ABHILASH
           ANJANA KANNATH
           T.S.SREEKUTTY


RESPONDENTS:

    1      THE PRINCIPAL, FATHIMA MATHA NATIONAL COLLEGE,
           CHEMMAN MUKKU, KOLLAM -691001.

    2      DEPUTY DIRECTOR OF COLLEGIATE EDUCATION (SOUTH ZONE),
           ST. THOMAS SHOPPING COMPLEX, NEAR ORTHODOX BISHOP
           CHURCH, CROSS JUNCTION, KOLLAM - 691001.

    3      DIRECTOR OF COLLEGIATE EDUCATION,
           DIRECTORATE OF COLLEGIATE EDUCATION, VIKAS BHAVAN,
           VIKAS BHAVAN P O., THIRUVANANTHAPURAM - 695 033.

    4      ACCOUNTS OFFICER (PF),
           DIRECTORATE OF COLLEGIATE EDUCATION, VIKAS BHAVAN,
           VIKAS BHAVAN P.O, THIRUVANANTHAPURAM, PIN -695 033.

    5      PROVIDENT FUND COMMISSIONER, BHAVISHYANIDHI BHAVAN,
           POTTAKUZHY RD, PATTOM, THIRUVANANTHAPURAM - 695004.

    6      ALEENA A JOSAN, D/O.LATE J. JOSAN, THYPARAMBIL HOUSE,
           PUTHENAZHIKAMTHOPPE, THEKKUMBHAGOM, ERAVIPURAM P.O,
           KOLLAM-691011.

           SMT.PARVATHY K-GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20471 OF 2022
                                    -2-

                              JUDGMENT

The petitioner seeks that respondents 1 to 3

be directed to disburse to him the terminal

benefits of his son, who died while in service of

the 1st respondent - College.

2. The petitioner says that his wife, namely

Thresia Johan, the mother of the deceased, was the

nominee shown in his Service Records and

therefore, that he is also entitled to a portion

of the pensionary benefits, along with 6th

respondent, who is his granddaughter. He,

therefore, prays that respondents 1 to 3 be

directed to take necessary action in this regard

without any further delay.

3. Even when I hear Sri.Siju Kamalasanan -

learned counsel for the petitioner, on the afore

lines, the fact remains that, legally, the

petitioner cannot be construed to be a class I or WP(C) NO. 20471 OF 2022

class II heir of his son, as regards the latter's

assets or even pensionary benefits. Therefore, if

he has any claim over the same, he must prove it

through cogent means.

4. That said, however, the fact that the

petitioner's wife was the nominee of the deceased

would, by itself, not give him any benefits,

because it is now well established - without

requirement of restatement, that a nominee is only

entitled to receive the proceeds, but not to

appropriate it, which will certainly always be

with the legal heirs and other entitled persons.

In any event, admittedly, the petitioner's wife

predeceased his son.

4. Therefore, the only relief that this Court

can now possibly give the petitioner is the

liberty to approach the competent among

respondents 1 to 3 for any claim, which he may

have; and then to have it established, if it is WP(C) NO. 20471 OF 2022

disputed, through a process of law.

Reserving the afore liberty to the petitioner,

I close this writ petition without any further

orders.

Sd/-

DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 20471 OF 2022

APPENDIX OF WP(C) 20471/2022

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF NOMINATION SUBMITTED BY THE LATE J.JOSAN TO THE PROVIDENT FUND AUTHORITIES DATED 26.4.1997.

EXHIBIT P2 THE TRUE COPY OF COMMUNICATION DATED 21.5.2022 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

EXHIBIT P3 THE TRUE COPY OF LEGAL NOTICE DATED 10.5.2022 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT.

RESPONDENT'S/S EXHIBITS : NIL.

//TRUE COPY// P.A. TO JUDGE