Kerala High Court
Safiya vs The Kerala State Electricity Board on 6 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 31210 OF 2023
PETITIONER/S:
SAFIYA
AGED 52 YEARS
W/O LATE UBAIDULLA, HABEEBA MANZIL,
PALAPPURA, KOTTAKKAL P O, MALAPPURAM DISTRICT
KERALA STATE., PIN - 676503
BY ADVS.
V.A.MUHAMMED
A.MOHAMMED
M.SAJJAD
P.A.JENZIA
RESPONDENT/S:
1 THE KERALA STATE ELECTRICITY BOARD
REPRESENTED BY CHIEF ENGINEER HRM, VYDHUTHI BHAVAN,
THIRUVANANTHAPURAM, PIN - 695004
2 THE ACCOUNTS OFFICER
(PENSION AUTHORIZATION ), OFFICE OF THE CHIEF ENGINEER
(HRM), VYDHUTHI BHAVAN, PATTOM PALACE P O,
THIRUVANATHAPURAM DISTRICT, PIN - 695004
3 THE EXECUTIVE ENGINEER,
ELECTRICAL DIVISION, MANJERI,
MALAPPURAM DISTRICT, PIN - 676121
4 SMT. JUMAILATH
DAUGHTER OF MUHAMMED ALAKKAL (H),
VETTATHUR , PERINTHALMANNA,
MALAPPURAM DISTRICT, PIN - 679322
ADV. K.S ANIL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.31210 of 2023 2
BASANT BALAJI , J.
------------------------------
W.P.(C) No.31210 of 2023
-----------------------------------
Dated this the 6th day of February 2024
JUDGMENT
The petitioner herein, Smt. Safia, is the wife of
Sri.Ubaidulla, a retired Electrical Engineer of the Kerala State
Electricity Board, who passed away on 26.5.2023. She has
approached this Court seeking for a direction to the respondents 1
and 2 to delete the name of Smt.Jumailath A.C., the 4th
respondent herein, the divorced wife of late Sri. Ubaidulla, and to
endorse the name of the petitioner in the Pension Authorisation
Form as his nominee to receive the family pension.
2. The brief facts of the case reads as under :
The first wife of Sri.Ubaidulla passed away on 03.2.2011 and
he married Smt. Jumailath A.C., the 4th respondent herein on
23.12.2011, as per the Muhammedan Law. During the subsistence
of the above marriage, Sri. Ubaidulla endorsed the name of the
4th respondent in his Pension Authorisation Form nominating her
to receive the Family Pension. Later, the marriage between
Sri. Ubaidulla and Smt. Jumailath A.C. was dissolved by "Talaq" on
2.5.2017. A copy of the certificate issued by the Secretary,
Kottackal Palappura Noorul Islam Sangham is produced as Ext.P2.
3. The petitioner contends that, thereafter, Sri. Ubaidulla,
vide Ext.P3 letter dated 08.5.2017, requested the 2nd respondent
for cancelling the name of the 4th respondent from his pension
authorisation form for receiving his family pension. It was
forwarded by the 3rd respondent to the 2nd respondent. In
response, the 2nd respondent informed the 3rd respondent that
Ext.P2 issued by the Secretary, Kottackal Palappura Noorul Islam
Sangham, in proof of separation is not a valid one and hence a
valid document in proof of separation of marriage under the Court
of Law may be obtained and forwarded to him in order to cancel
the name of Smt. Jumailath A.C. from the pension authorisation
form.
4. Following the same, Sri.Ubaidulla, vide Ext.P6 letter,
addressed the 2nd respondent that, for dissolving the marriage
under Shariath law, there is no need to obtain any Court order and
requested him to consider his application. The above request was
recommended by the 3rd respondent in his forwarding letter. A
copy of which is produced as Ext.P7.
5. Subsequently, the 4th respondent herein married one
Abdulla on 04.06.2020 and Sri.Ubaidulla married the petitioner
herein on 12.12.2021. Exts.P9 and P10 marriage certificates are
produced to substantiate the same. Subsequently, Sri. Ubaidulla
and the 4th respondent executed an agreement dated 24.03.2022
stating that the 4th respondent has no objection in deleting her
name from the nominee of Ubaidulla for receiving his family
pension. Later, a request was made by Sri.Ubaidulla to the 2nd
respondent to endorse the name of Smt. Safia, the petitioner
herein as his nominee for receiving his family pension. However,
the 2nd respondent, vide Ext.P13 letter, addressed the 3rd
respondent that the above request cannot be considered.
6. Thereafter, the 4th respondent, the divorced wife,
requested the Executive Engineer as well as the Accounts officer to
remove her name as the nominee of the family pension of
Sri.Ubaidulla. However, the 2nd respondent declined to delete the
name of the 4th respondent. In the said circumstance,
Sri.Ubaidulla, submitted Ext.P16 representation before the 1st
respondent on 20.1.2023. Pending consideration of the same,
Sri. Ubaidulla, passed away on 26.5.2023. Subsequently, the
petitioner herein submitted Ext.P18 representation before the 3rd
respondent.
7. A counter affidavit has been filed by respondents 1 to 3
wherein paragraph No.9 reads as follows:
In the above circumstances a detailed report is being
called for from the Executive Engineer, Electrical Division,
Manjeri by ascertaining whether late Ubaidulla is survived
by any sons, daughters from the spouses of his 1st and
2nd marriages who are eligible for his family pension along
with other documents like death certificate, legal heirship
certificate, non remarriage certificate etc. As and when the
above documents are received the Family Pension
application in respect of Smt.Safiya, w/o late Ubaidulla will
be processed without delay.
8. In that view of the matter, this writ petition is disposed of,
directing the 1st respondent to call for a report from the Executive
Engineer, Electrical Division, Manjeri, as stated in paragraph No.9
of the counter affidavit and pass appropriate orders within a period
of two months from the date of receipt of a copy of this judgment.
Sd/-
BASANT BALAJI,
JUDGE
NS
APPENDIX OF WP(C) 31210/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE CERTIFICATE OF MARRIAGE
DATED 21.02.2012 ISSUED BY THE LOCAL
REGISTRAR, VETTATHUR GRAMA PANCHAYATH,
MALAPPURAM DISTRICT.
Exhibit P-2 TRUE COPY OF THE CERTIFICATE OF THE
DISSOLUTION OF MARRIAGE ISSUED BY THE
SECRETARY, KOTTAKKAL PALAPPURA NOORUL
ISLAM SANGHAM, KOTTAKKAL, MALAPPURAM
DISTRICT, THE CONCERNED JAMA-ATH DATED
02.05.2017
Exhibit P-3 TRUE COPY OF THE REQUEST MADE BY
UBAIDULLA BEFORE THE 2ND RESPONDENT ON
08.05.2017.
Exhibit P-4 TRUE COPY OF THE LETTER NO.
GB2/PENSION/2017-2018/129 DATED
15.05.2017 OF THE 3RD RESPONDENT
Exhibit P-5 TRUE COPY OF THE LETTER NO: EBPS
13/1260/02 DATED 04.07.2017 ISSUED BY THE
2ND RESPONDENT TO THE 3RD RESPONDENT
Exhibit P-6 TRUE COPY OF THE LETTER DATED 18.07.2017
FROM UBAIDULLA TO THE ACCOUNTS OFFICER
Exhibit P-7 TRUE COPY OF THE LETTER NO.GB2/FAMILY
PENSION/ UBAILDULLA/2017/260/DATED
21.07.2017 OF THE 3RD RESPONDENT TO THE
2ND RESPONDENT
Exhibit P-8 TRUE COPY OF THE LETTER DATED 10.01.2018
FROM THE EXECUTIVE ENGINEER TO UBDAIDULLA
Exhibit P-9 TRUE COPY OF THE MARRIAGE CERTIFICATE
DATED 10.08.2022 ISSUED BY THE LOCAL
REGISTRAR OF MARRIAGE (COMMON) VETTATHUR
GRAMA PANCHAYATH, MALAPPURAM DISTRICT
Exhibit P-10 TRUE COPY OF THE MARRIAGE CERTIFICATE
DATED 10.01.2022 ISSUED BY THE LOCAL
REGISTRAR, VAZHIKKADAVU GRAMA PANCHAYATH,
MALAPPURAM
Exhibit P-11 TRUE COPY OF THE AGREEMENT DATED
24.03.2022 EXECUTED BETWEEN UBAIDULLA AND
JUMAILATH
Exhibit P-12 TRUE COPY OF THE REQUEST OF UBAIDULLA
DATED 10.08.2022 TO THE 2ND RESPONDENT
Exhibit P-13 TRUE COPY OF THE LETTER NO. EBPS
13/1260/2022 DATED 07.09.2022 FROM 2ND
RESPONDENT TO THE 3RD RESPONDENT
Exhibit P-14 TRUE COPY OF THE LETTER DATED 30.11.2022
OF THE 4TH RESPONDENT TO THE 3RD
RESPONDENT
Exhibit P-15 TRUE COPY OF THE LETTER DATED 30.11.2022
OF THE 4TH RESPONDENT TO THE 2ND
RESPONDENT.
Exhibit P-16 TRUE COPY OF THE REPRESENTATION DATED
20.01.2023 SUBMITTED BY UBAIDULLA BEFORE
THE 1ST RESPONDENT
Exhibit P-17 THE TRUE COPY OF THE DEATH CERTIFICATE OF
UBAIDULLA DATED 12/06/2023 ISSUED BY THE
KOTTACKAL MUNICIPALITY
Exhibit P-18 TRUE COPY OF THE REPRESENTATION DATED
14.07.2023 SUBMITTED BY THE PETITIONER
BEFORE 3RD RESPONDENT
