Kerala High Court
Manjusha M.G vs Union Of India on 15 July, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
WP(C) Nos.34086 OF 2024 & 4209 OF 2025
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2025:KER:52460
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 15TH DAY OF JULY 2025 / 24TH ASHADHA, 1947
WP(C) NO. 34086 OF 2024
PETITIONERS:
1 ASWIN.K.S,
AGED 22 YEARS
S/O.(LATE) SURESH BABU.K, KANNASSAN HOUSE,
PANANGATTUKARA.P.O, THEKKUMKARA,
THRISSUR DISTRICT, PIN - 680 623
2 SREEJA.K.S,
AGED 44 YEARS
D/O.SIVASANKARAN NAIR,
KANNASSAN HOUSE, PANANGATTUKARA.P.O,
THEKKUMKARA, THRISSUR DISTRICT, PIN - 680 623
BY ADVS.
SRI.LINDONS C.DAVIS
SMT.E.U.DHANYA
SMT.CHINJU P. JOYIES
SMT.N.S.SHAMILA
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY ITS SECRETARY,
MINISTRY OF HOME AFFAIRS, ROOM NO.113,
NORTH BLOCK, SECRETARIAT,
NEW DELHI, PIN - 110 001
2 DIRECTOR GENERAL - BORDER SECURITY FORCE,
DIRECTORATE GENERAL BORDER SECURITY FORCE,
LODHI ROAD, C.G.O.COMPLEX,
NEW DELHI, PIN - 110 003
WP(C) Nos.34086 OF 2024 & 4209 OF 2025
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3 COMMANDANT,
HQR 13 BATTALION, BORDER SECURITY FORCE,
MAGRA CAMP, BARMER, BARMER DISTRICT,
RAJASTHAN, PIN - 344 001
4 MANJUSHA.M.G,
MUTHALANGAT HOUSE, ENKAKKAD.P.O, WADAKKANCHERRY,
THRISSUR DISTRICT, PIN - 680 589
5 VISHNUDEV,
S/O. MANJUSHA.M.G, MUTHALANGAT HOUSE,
ENKAKKAD.P.O, WADAKKANCHERRY,
THRISSUR DISTRICT, PIN - 680 589
BY ADVS.
SHRI.K.S.PRENJITH KUMAR, CGC
SMT.SHAMEENA SALAHUDHEEN
SHRI.B.RAVISANKAR
SMT.ASTRID STEREENA MATHEW
O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
15.07.2025, ALONG WITH WP(C).4209/2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.34086 OF 2024 & 4209 OF 2025
3
2025:KER:52460
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
TUESDAY, THE 15TH DAY OF JULY 2025 / 24TH ASHADHA, 1947
WP(C) NO. 4209 OF 2025
PETITIONER:
MANJUSHA M.G
AGED 48 YEARS
W/O (LATE) SURESH BABU K, KADAMPATT HOUSE,
ENKAKKAD, WADAKANCHERY,
THRISSUR, PIN - 680 589
BY ADVS.
SMT.SHAMEENA SALAHUDHEEN
SMT.ASTRID STEREENA MATHEW
SHRI.B.RAVISANKAR
SMT.SWATHY MENON
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY SECRETARY TO GOVERNMENT,
MINISTRY OF HOME AFFAIRS, ROOM NO. 113,
NORTH BLOCK, SECRETARIAT,
NEWDELHI, PIN - 110 001
2 DIRECTOR GENERAL- BORDER SECURITY FORCE
LODHI ROAD, C.G.O COMPLEX,
NEW DELHI,, PIN - 110 003
3 COMMANDANT
HQR 13 BATTALION, BORDER SECURITY FORCE
MAGRA CAMP, LODHI ROAD, BARMER,
BARMER DISTRICT, RAJASTHAN, PIN - 344 001
WP(C) Nos.34086 OF 2024 & 4209 OF 2025
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4 STATE BANK OF INDIA
REPRESENTED BY ITS MANAGER,
PANJAL BRANCH, CHERUTHURUTHY VIA
PANAL P.O THRISSUR, PIN - 679 531
5 ASWIN K.S
AGED 22 YEARS
S/O (LATE) SURESH BABU K, KANNASSAN HOUSE,
PANANGATTUKARA P.O, THEKKUMKARA,
THRISSUR,PIN - 680 623
6 AISWARYA K.S
D/O (LATE) SURESH BABU K,
KANNASSAN HOUSE, PANANGATTUKARA P.O,
THEKKUMKARA, THRISSUR, PIN - 680 623
7 SREEJA
K.S. KANNASSAN HOUSE, PANANGATTUKARA P.O,
THEKKUMKARA, THRISSUR, PIN - 680 623
BY ADVS.
O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA
SHRI.P.GOPAL
SRI.LINDONS C.DAVIS
SMT.E.U.DHANYA
SMT.N.S.SHAMILA
SMT.CHINJU P. JOYIES
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.07.2025, ALONG WITH WP(C).34086/2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) Nos.34086 OF 2024 & 4209 OF 2025
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T.R.RAVI.J
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WP(C) Nos.34086 of 2024 & 4209 of 2025
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Dated this the 15th day of July, 2025
JUDGMENT
These writ petitions relate to the disbursal of Family Pension and other amounts which were payable to the legal representatives of the deceased employee. WPC.No.4209 of 2025 is filed by the widow of the deceased and WPC.No.34086 of 2024 has been filed by the son and the divorced wife of the deceased. The parties are referred to as per their status in WPC.No.4209 of 2025.
2. The petitioner has stated that the deceased had taken loan from the 4th respondent and amounts were due under the said loan account. It is not disputed that the petitioner in WPC.No.4209 of 2025 and the children of the deceased through the 2nd petitioner in WPC.No.34086 of 2024 are the legal heirs of the deceased.
3. The DSGI has placed before this Court a communication received from the Commandant of 13 th WP(C) Nos.34086 OF 2024 & 4209 OF 2025 6 2025:KER:52460 Battalion of the Boarder Security Force showing the details of the amounts which were payable on the death of Sri.Suresh Babu K. It it stated in the communication that an amount of Rs.24 lakh is payable towards Golden Jubilee Seema Prahari Kalyan Kawach, Rs.80,360/- towards Central Government Employees Group Insurance Scheme, Rs.4,61,825/- towards Leave Encashment, Rs.1,59,613/- towards General Provident Fund and Rs.24,25,500/- towards Death Cum Retirement Gratuity. It is also stated that an amount of Rs.38,975/- per month will be the Family Pension payable to the next of kin.
The General Provident Fund mentioned above comprises Rs.60,000/- as Death Linked insurance and Rs.99,613/- as GPF final payment. The Central Government Employees Group Insurance scheme dues represents Rs.30,000/- as insurance and Rs.50,360/- as CGEGIS claim. The Golden Jubilee Seema Prahari Kalyan Kawach is payable at two stages, as Rs.9 Lakh on receipt of Special Sitrep and Rs.15 Lakh on finalization of the Staff Court of Inquiry by the department and on receipt of FSL Report.
WP(C) Nos.34086 OF 2024 & 4209 OF 2025 7 2025:KER:52460
4. The Standing Counsel for the 4 th respondent on instruction submits that an amount of Rs.6,19,407/- is due on the loan account of the deceased as on 14.07.2025. The counsel for the petitioners are agreeable that the amount due may be released after deducting the amount due to the Bank.
5. In the above circumstances, these writ petitions are disposed of with the following directions;
1. The 3rd respondent shall pay a sum of Rs.6,19,407/- out of the DCRG amount of Rs.24,25,500/- payable to the deceased to the loan Account No.40145965433 of late Suresh Babu K with the State Bank of India, Panjal Branch, Cheruthuruthy Via Panjal P.O, Thrissur
- 679 531
2. The balance amount shall be disbursed by the 3rd respondent to the legal representatives being the petitioner and respondents 5 and 6 in WPC.No.4209 of 2025 as per the extant rules.
WP(C) Nos.34086 OF 2024 & 4209 OF 2025 8 2025:KER:52460
3. Needless to say that the payment of Family Pension and the benefit of compassionate appointment shall also be made by the 3rd respondent in accordance with the extant rules.
4. Necessary action shall be completed within six weeks from the date of receipt of a copy of this judgment.
Sd/-
T.R.RAVI JUDGE sn WP(C) Nos.34086 OF 2024 & 4209 OF 2025 9 2025:KER:52460 APPENDIX OF WP(C) 34086/2024 PETITIONERS' EXHIBITS Exhibit P1 A COPY OF THE LETTER SUBMITTED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT REQUESTING FOR THE ALLOCATION OF BENEFITS TO THE LEGAL HEIRS OF DECEASED SURESH BABU Exhibit P2 A TRUE COPY OF THE LETTER SUBMITTED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT REQUESTING FOR THE ALLOCATION OF BENEFITS TO THE LEGAL HEIRS OF DECEASED SURESH BABU Exhibit P3 A COPY OF THE REQUEST FOR EMPLOYMENT SUBMITTED BY THE 1ST PETITIONER TO THE 2ND RESPONDENT Exhibit P4 A COPY OF THE REQUEST FOR EMPLOYMENT SUBMITTED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT Exhibit P5 A TRUE COPY OF THE LETTER DATED 11.09.2024 ISSUED BY THE 3RD RESPONDENT RESPONDENTS' EXHIBITS EXHIBIT R3(A) A TRUE COPY OF DULY FILLED NOMINATION FORM DATED 04.03.2004 SUBMITTED BY SHRI. SURESH BABU EXHIBIT R3(B) A TRUE COPY OF DULY FILLED NOMINATION FORM DATED 26.06.2016 SUBMITTED BY SHRI. SURESH BABU EXHIBIT R3(C) A TRUE COPY OF ORDER DATED 09.07.2021 IN O.P (HMA) 986/2021 OF THE HON'BLE FAMILY COURT, THRISSUR I EXHIBIT R3(D) A TRUE COPY OF MARRIAGE CERTIFICATE NO.
2903/2022 DATED 15.02.2022 EXHIBIT R3(F) A TRUE COPY OF 13 BN BSF ORDER NO.
PERS/ESTT/13/NOMINATION/ 2022/20895-98 DATED 22- 12. 2022 EXHIBIT R3(G) A TRUE COPY OF NOMINATION DATED 02.02.2023 SUBMITTED BY SHRI. SURESH BABU EXHIBIT R3(H) A TRUE COPY OF APPLICATION FOR COMPASSIONATE APPOINTMENT DATED 23.10.2024 SUBMITTED BY THE 4™ RESPONDENT EXHIBIT R3(I) TRUE COPY OF RELEVANT PORTION UNDER RULE 50 WP(C) Nos.34086 OF 2024 & 4209 OF 2025 10 2025:KER:52460 OF CCS (PENSION) RULES, 2021 EXHIBIT R3(J) A TRUE COPY OF DOPT OM DATED 02.08.2022 EXHIBIT R3(K) A TRUE COPY OF LETTER NO.3075/ESTT/13BN/WP(C)-AKS/2025/624 EXHIBIT R3(L) TRUE COPY OF LETTER NO.3075/ESTT/13BN/WP(C)-
AKS/2025/625 DATED 09.01.2025 WP(C) Nos.34086 OF 2024 & 4209 OF 2025 11 2025:KER:52460 APPENDIX OF WP(C) 4209/2025 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER IN O.P. HMA 986/2021 DATED 9.7.2021 OF THE FAMILY COURT, THRISSUR Exhibit P2 TRUE COPY OF THE JOINT PETITION OP NO. 986/21 SUBMITTED BY THE PARTIES UNDER SECTION 13(B) OF THE HINDU MARRIAGE ACT BEFORE THE FAMILY COURT, THRISSUR ALONG WITH ITS ENGLISH TRANSLATION Exhibit P3 A TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE LOCAL REGISTRAR OF COMMON MARRIAGE, WADAKANCHERY DATED 15.02.2022 Exhibit P4 A TRUE COPY OF THE SERVICE CERTIFICATE ISSUED BY THE 3RD RESPONDENT FOR THE PURPOSE OF CARRYING THE MORTAL REMAINS OF SRI. SURESH BABU AND THE RECEIPT ISSUED BY THE PETITIONER Exhibit P5 THE TRUE COPYOF THE DEATH CERTIFICATE ISSUED BY THE DIRECTORATE OF ECONOMICS AND STATISTICS OF THE GOVERNMENT OF RAJASTHAN Exhibit P6 A TRUE COPY OF THE RECEIPT OF RS. 1,00,000/-
AND RS.8,000/-
Exhibit P7 A TRUE COPY OF THE PRE RECEIPTS SIGNED BY THE PETITIONER AND HANDED OVER TO THE BSF OFFICIALS FROM HER HOME Exhibit P8 A TRUE COPY OF THE INTERIM ORDER DATED 30.09.2024 IN W.P(C) 34086/2024 OF THIS HON'BLE COURT Exhibit P9 A TRUE COPY OF THE COMMUNICATION DATED 4.09.2024 ISSUED BY THE 3RD RESPONDENT Exhibit P10 A TRUE COPY OF THE COMMUNICATION ALONG WITH THE PENSION PAPERS ISSUED BY THE 3RD RESPONDENT Exhibit P11 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED OCTOBER 2024 Exhibit P12 A TRUE COPY OF THE REPLY DATED 16.11.2024 ISSUED BY THE 3RD RESPONDENT Exhibit P13 A TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT BANK WP(C) Nos.34086 OF 2024 & 4209 OF 2025 12 2025:KER:52460 RESPONDENTS' EXHIBITS EXHIBIT R4(A) A TRUE COPY OF THE LOAN AGREEMENT EXECUTED BY SURESH BABU DATED 17-04-2021 WITH THE BANK EXHIBIT R4(B) A TRUE COPY OF THE IRREVOCABLE STANDING INSTRUCTION FURNISHED BY SURESH BABU TO THE BANK DATED 17-04-2021 EXHIBIT R4(C) A TRUE COPY OF THE LETTER OF THE BANK ISSUED TO SURESH BABU DATED 20-04-2021 EXHIBIT R4(D) A TRUE COPY OF THE LETTER DATED 20-01-2025 ISSUED BY THE BANK TO THE COMMANDANT, 13BN, BSF, MAGRA CAMP, BARMER, RAJASTHAN