P.G. Sugunan vs Principal Secretary To Health & ...
2023 Latest Caselaw 4667 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
              THE HONOURABLE MR.JUSTICE N.NAGARESH
WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                    WP(C) NO. 13051 OF 2023
PETITIONER:

         P.G. SUGUNAN
         AGED 6 YEARS
         S/O GENARDHANAN, PULIMOOTTIL HOUSE,
         MALIKAMUKKU, CANAL WARD, ALAPPUZHA, PIN - 688007

         BY ADVS.
         P.SIVARAJ
         M.MEHAR FARSANA


RESPONDENTS:

    1    PRINCIPAL SECRETARY TO HEALTH & WOMAN AND CHILD
         DEVELOPMENT DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM., PIN - 695001
    2    DIRECTOR
         DIRECTORATE OF HEALTH DEPARTMENT,
         THIRUVANANTHAPURAM., PIN - 695001
    3    DISTRICT MEDICAL OFFICER (HEALTH)
         ALAPPUZHA-., PIN - 688005
    4    THE SUPERINTENDENT, MEDICAL COLLEGE HOSPITAL,
         THIRUVANANTHAPURAM, PIN - 695011
    5    THE SUPERINTENDENT
         WOMEN AND CHILD HOSPITAL, ALAPPUZHA, PIN - 688012
    6    THE SECRETARY (FBS)
         HEALTH DEPARTMENT, SECRETARIAT,
         THIRUVANANTHAPURAM., PIN - 695001

         SMT.K.G. SAROJINI, GP

     THIS WRIT PETITION       (CIVIL) HAVING    COME UP   FOR
ADMISSION ON 12.04.2023,      THE COURT ON     THE SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) No.13051 of 2023

                                2


                             JUDGMENT

Dated this the 12th day of April, 2023

The petitioner, who is husband of a retired Head Nurse of

the Women and Child Hospital at Alappuzha, has filed this writ

petition seeking to direct the respondents to pay full Family

Benefit Scheme (FBS) with interest thereon in respect of the

deceased wife of the petitioner.

2. Going through the pleadings, it is evident that the

issue agitated by the petitioner is a service matter, in respect of

his wife, who was in Government service. In the circumstances,

the petitioner has to approach the competent Tribunal

constituted under the Administrative Tribunals Act, 1985 for

redressal of his grievances.

Accordingly, the writ petition is dismissed granting liberty

to the petitioner to move the competent Tribunal constituted

under the Administrative Tribunals Act, 1985.

Sd/-

N.NAGARESH JUDGE spk WP(C) No.13051 of 2023

APPENDIX OF WP(C) 13051/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF APPLICATION DATED 02.11.2013 FOR GETTING THE FBS BENEFITS OF HER DECEASED WIFE RAJAMMA BEFORE THE 6TH RESPONDENT Exhibit P2 TRUE COPY OF COMMUNICATION NO.AD3-

90392/HDD DATED 06.02.2014 ISSUED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT Exhibit P3 TRUE COPY OF THE COMMUNICATION DATED 09.02.2015 SENT TO THE 3RD RESPONDENT BY THE 6TH RESPONDENT Exhibit P4 TRUE COPY OF THE LETTER DATED 02.02.2015 SENT TO THE 6TH RESPONDENT BY THE 4TH RESPONDENT Exhibit P5 TRUE COPY OF THE REQUEST DATED 19.09.2015 ISSUED TO THE 4TH RESPONDENT BY THE 6TH RESPONDENT FOR TRANSFERRING FBS FROM 03.07.1978 TO 03.07.1980 PETITIONERS WIFE SMT.K.S RAJAMMA Exhibit P6 TRUE COPY OF THE LETTER NO F-678(A)/2014 DATED 19.09.2015 ISSUED BY THE 6TH RESPONDENT Exhibit P7 TRUE COPY OF REPRESENTATION DATED 21.12.2022 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE CHIEF MINISTER.