M.V Bhanumathy vs Union Of India
2023 Latest Caselaw 10543 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                     WP(C) NO. 33422 OF 2023

PETITIONER:

              M.V BHANUMATHY
              AGED 60 YEARS
              W/O LATE GOPINATHAN NAIR K.K,
              KALAVARAKUZHIYIL HOUSE, MARIGIRI,
              THERTHALLY P.O, KANNUR, KERALA, PIN - 670571

              BY ADVS.
              AAMIR SOHRAB M. M.
              HARRY SUNIL
              MATHEWS M BABY
              VINAYAK G MENON

RESPONDENT/S:

    1         UNION OF INDIA
              REPRESENTED BY ITS SECRETARY,
              DEPARTMENT OF EX-SERVICEMEN WELFARE (DESW),
              MINISTRY OF DEFENCE, SOUTH BLOCK,
              CENTRAL SECRETARIAT, NEW DELHI, PIN - 110011

    2         CHIEF OF THE ARMY STAFF
              INTEGRATED HEADQUARTERS OF MOD (ARMY),
              SOUTH BLOCK, CENTRAL SECRETARIAT,
              NEW DELHI, PIN - 110011

    3         OFFICER IN CHARGE (RECORDS)
              BOMBAY ENGINEER GROUP KIRKEE, RANJEET NAGAR,
              KHADKI, PUNE, MAHARASHTRA, PIN - 411003

    4         PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (PENSIONS)
              DRAUPATI GHAT, PRAYAGRAJ, PIN - 211014

    5         RADHAMANI AMMA
              EDATTU HOUSE, AYARKKUNNAM, PUNNATHURA EAST P.O,
              VAIKOM, KOTTAYAM, KERALA, PIN - 686583
 W.P.(C.) No.33422 of 2023
                                  2




      6       ZONAL OFFICER (PENSION DISBURSEMENT)
              C.D.A ANNEX BUILDING, 506, ANNA SALAI,
              TEYNAMPET, CHENNAI, PIN - 600018

              SRI. S MANU, DSGI


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C.) No.33422 of 2023
                                        3


                                  JUDGMENT

The petitioner states that she is the wife of late Gopinathan Nair K.K., who

was attached to the Bombay Engineer Group, Kirkee at the time of his discharge

from service. She has approached this Court seeking issuance of directions to

respondents 1, 4, and 6 to consider and act upon Ext.P7 representation.

2. According to the petitioner, the 5th respondent is the former wife of

late Gopinathan Nair K.K, and the petitioner, as well as the 5th respondent, had

entered into a written compromise, as per which the 5th respondent had agreed

to withdraw the objection that she had preferred before the respondents 3 and

4. It is further stated that the petitioner and the 5th respondent had agreed to

equally split among themselves, the family pension, to which the petitioner was

entitled to. According to the petitioner, the 5th respondent has since then

withdrawn from the undertaking given by her. She asserts that no amount under

the pension head has been credited to her bank account since October 2017 on

account of an objection preferred by the 5th respondent before respondents 3

and 4 wherein she has claimed that she is the legally wedded wife of late

Gopinathan Nair K.K. She asserts that the family pension due to the petitioner

has been withheld without informing the petitioner of the reason for the same. It W.P.(C.) No.33422 of 2023

is in the afore circumstances that the petitioner has preferred Ext.P7

representation.

3. Sri. Aamir Sohrab M.M., the learned counsel appearing for the

petitioner, submits that the limited request of the petitioner is for issuance of

direction to the concerned respondent to consider Ext.P7 with notice to the

petitioner as well as the 5th respondent and take an appropriate decision.

4. In response, the learned DSGI points out that the petitioner ought to

have approached the Armed Forces Tribunal (for the sake of brevity, 'the

Tribunal') and raised her grievances. It is also submitted that as the petitioner is

raising her claim for pension and that there are disputes between the petitioner

and the 5th respondent with regard to the pension, it would only be proper for

the petitioner to approach the jurisdictional forum.

5. At this stage, the learned counsel appearing for the petitioner

submits that the petitioner has already approached the Tribunal and has

preferred O.A. No.75 of 2023, seeking compulsory disbursal of pension and

arrears.

6. I find that the petitioner has not disclosed the pendency of the

application for compulsory disbursal of pension before the Tribunal. As related

petitions are pending before the Tribunal, it would only be just and proper that

the petitioner approaches the Tribunal and raises her grievances. W.P.(C.) No.33422 of 2023

7. At this stage, the learned counsel submits that if the Court is inclined to

direct the petitioner to approach the Tribunal, direction be issued to the Tribunal

to expedite the proceedings and take the matter to its logical conclusion at the

earliest. I do not think that any specific directions are to be issued. If the

petitioner states her grievances and requests the Tribunal to expedite the matter,

there is no reason for her to suspect that her request would not be considered

expeditiously.

Reserving the right of the petitioner to approach the Tribunal, this petition

is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

NS/16/10/2023 W.P.(C.) No.33422 of 2023

APPENDIX OF WP(C) 33422/2023

PETITIONER EXHIBITS :

Exhibit P1 A TRUE COPY OF THE MARRIAGE AGREEMENT EXECUTED BY AND BETWEEN THE PETITIONER AND LATE GOPINATHAN NAIR K.K AND REGISTERED BY THE SRO, ALAKODE, DATED 25.07.1990 Exhibit P2 A TRUE COPY OF CERTIFICATE OF SERVICE ISSUED TO LATE GOPINATHAN NAIR K.K (JC-123086L), DATED 31.08.1990 Exhibit P3 A TRUE COPY OF THE DEATH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, NADUVIL GRAMA PANCHAYAT, IN RESPECT OF LATE GOPINATHAN NAIR K.K (JC-123086L), DATED 14.12.2016 Exhibit P4 A TRUE COPY OF THE GROCERY CARD ISSUED IN FAVOUR OF LATE GOPINATHAN NAIR K.K (JC-123086L), DATED NIL Exhibit P5 A TRUE COPY OF THE LEGAL HEIR CERTIFICATE ISSUED BY THE TAHSILDAR, TALIPARAMBA TALUK, IN FAVOUR OF THE PETITIONER AND HER TWO SONS, DATED 20.04.2017 Exhibit P6 A TRUE COPY OF THE AGREEMENT ENTERED INTO BY THE PETITIONER AND RESPONDENT NO.5, DATED 27.06.2018 Exhibit P7 A TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER BEFORE RESPONDENT NO.1, DATED 02.03.2020 Exhibit P8 A TRUE COPY OF THE STATEMENT OF THE BANK ACCOUNT MAINTAINED BY THE PETITIONER WITH STATE BANK OF INDIA, ALAKODE BRANCH, FOR THE PERIOD BETWEEN 05.04.2017 AND 25.06.2020, DATED NIL