Kerala High Court
P.Leela vs State Of Kerala on 31 March, 2023
WP(C) NO. 6154 OF 2019 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
WP(C) NO. 6154 OF 2019
PETITIONER/S:
P.LEELA,
AGED 67 YEARS
W/O LATE K.V.NARAYANAN NAIR, PUNCHAVAYAL,
KAYAKKUNNU P.O, PANAMARAM, WAYANAD DISTRICT.
BY ADVS.
M.SASINDRAN
SRI.JOMY K. JOSE
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695
001.
2 THE DEPUTY DIRECTOR OF EDUCATION,
KOZHIKODE, OFFICE OF THE DEPUTY DIRECTOR OF
EDUCATION, KOZHIKODE - 673 001.
3 THE DISTRICT EDUCATIONAL OFFICER,
VATAKARA, KOZHIKODE DISTRICT, PIN - 673 101.
4 THE ASSISTANT EDUCATIONAL OFFICER,
PERAMPRA, KOZHIKODE DISTRICT, PIN - 673 525.
5 THE MANAGER,
A.U.P.SCHOOL, PERAMBRA, KOZHIKODE DISTRICT, PIN -
WP(C) NO. 6154 OF 2019 2
673 525.
6 THE HEADMASTER,
A.U.P.SCHOOL, PERAMPRA, KOZHIKODE DISTRICT, PIN -
673 525.
BY ADVS.
SRI.M.PROMODH KUMAR
SMT.MAYA CHANDRAN
OTHER PRESENT:
SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 6154 OF 2019 3
P.V.KUNHIKRISHNAN, J
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W.P.(C) No. 6154 of 2019
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Dated this the 31st day of March, 2023
JUDGMENT
The above writ petition is filed with following prayers :
"i) to issue a writ of mandamus or any other writ order
or direction to the respondents 1 to 4 to sanction and
disburse all retiral benefits to the petitioner on account of
the death of husband K.V.Narayanan Nair, as directed in
Ext.P7 order.
ii) to command the respondents 1 to 4 to comply with the
direction contained in Ext.P7 within two weeks.
iii) to declare that the Ext.P4 order issued by the 5th
respondent is invalid.
iv) to set aside the Ext.P4 order by issuing appropriate
writ or order.
v) to command the respondents 1 to 4 to pay Family
Pension to the petitioner, with effect from the date of death
of the petitioner, forthwith
vi) To issue any other writ order or direction as this
Hon'ble Court may deem fit in the facts and circumstances
of the case."
2. The petitioner is the widow of Sri.K.V. Narayanan
Nair who was working as Physical Education Teacher in AUP
School Perambra since 1970. The petitioner's husband died
on 19.03.2005. The grievance of the petitioner is that the
retirement benefits were not received by the petitioner, who
is the sole nominee of the deceased husband
Sri.K.V.Narayanan Nair. The petitioner also approached the
Human Rights Commission for the delay in disbursing the
amount and the Human Rights Commission also passed
Ext.P7 order to disburse the eligible amount to the
petitioner. Even then, the same is not disbursed is the
grievance. Hence, this writ petition.
3. Heard the learned counsel for the petitioner and
the learned Government Pleader. I also heard the counsel
appearing for the 5th respondent.
4. The learned Government Pleader submitted that
the Headmaster of the school has to forward the documents
mentioned in Ext.P8 and then only necessary steps can be
taken. The learned Government Pleader submitted that the
Government has to pass orders regarding the eligibility of
the petitioner for retirement benefits. If proper documents
are submitted, the Provident Fund amount can be disbursed
to the petitioner. If that is the case, there can be a direction
to the Headmaster to forward the documents mentioned in
Ext.P8 within a time frame and the Provident Fund can be
directed to be disbursed forthwith and the petitioner can be
allowed to submit a representation before the Government to
get the other eligible benefits and there can be a direction to
the Government to consider the same, in the light of Ext.P7
order of the Human Rights Commission.
Therefore, this writ petition is disposed of with the
following directions :
1) The petitioner will furnish the necessary details
and documents mentioned in Ext.P8 to the 6 th respondent
within one month from the date of receipt of a stamped
certified copy of this judgment.
2) Once the documents to be obtained from the
petitioner are received, the 6th respondent will forward those
documents along with other documents mentioned in Ext.P8
to the 2nd respondent within one month from the date of
receipt of the documents from the petitioner.
3) Once the documents mentioned in Ext.P8 are
received, the 2nd respondent will disburse the Provident Fund
amount to the petitioner forthwith, at any rate, within one
month from the date of receipt of the documents from the 6 th
respondent.
4) As far as the other eligible benefits are concerned,
the petitioner is free to submit a representation before the 1 st
respondent within one month from the date of receipt of a
stamped certified copy of this judgment.
5) Once such a representation is received, the 1 st
respondent will consider the same and pass appropriate
orders in it, after giving an opportunity of hearing to the
petitioner in the light of Ext.P7 as expeditiously as possible,
at any rate, within four months from the date of receipt of
the representation.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 6154/2019
RESPONDENT EXHIBITS
Exhibit R5(a) True copy of the proceedings of the 4th
respondent dated 09/05/2008
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE DEATH CERTIFICATE OF
THE PETITIONER'S LATE HUSBAND DATED 07-
09-2005.
EXHIBIT P2 A TRUE COPY OF THE REPRESENTATIONS
SUBMITTED BY THE PETITIONER BEFORE THE
CHIEF MINISTER DATED 28-07-2013.
EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 25-06-2014
ISSUED BY THE DEPUTY DIRECTOR OF
EDUCATION.
EXHIBIT P4 A TRUE COPY OF THE PROCEEDINGS ORDER
NO.5/93 DATED 10.01.1994 ISSUED BY THE
5TH RESPONDENT MANAGER.
EXHIBIT P5 A TRUE COPY OF THE LETTER DATED 19-7-96
ISSUED BY THE 5TH RESPONDENT MANAGER, TO
THE 3RD RESPONDENT DISTRICT EDUCATIONAL
OFFICER.
EXHIBIT P6 A TRUE COPY OF THE APPLICATION DATED
10.10.2015 SUBMITTED BY THE PETITIONER
BEFORE THE HUMAN RIGHTS COMMISSION.
EXHIBIT P7 A TRUE COPY OF THE ORDER DATED 23.06.2016
OF THE STATE HUMAN RIGHTS COMMISSION.
EXHIBIT P8 A TRUE COPY OF THE LETTER DATED
01.03.2017 ISSUED FROM THE OFFICE OF THE
DEPUTY DIRECTOR, TO THE 6TH RESPONDENT
HEADMASTER.
EXHIBIT P9 A TRUE COPY OF THE LETTER DATED
03.05.2018 SUBMITTED BY THE 4TH
RESPONDENT ASSISTANT EDUCATIONAL OFFICER
TO THE FIRST RESPONDENT GOVERNMENT.
