Kerala High Court
Chinnappappa vs Union Of India on 27 May, 2014
Author: Antony Dominic
Bench: Antony Dominic
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
THURSDAY, THE 7TH DAY OF AUGUST 2014/16TH SRAVANA, 1936
OP (CAT).No. 133 of 2014 (Z)
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AGAINST THE ORDER/JUDGMENT IN OA 180/00353/2014 of CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH DATED 27-05-2014
PETITIONER(S)/APPLICANT IN THE OA:
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CHINNAPPAPPA
KULLUTHAN KADAVU COLONY, PUTHIYARA P.O.
KOZHIKODE DISTRICT-673 004.
BY ADVS.SRI.R.PARTHASARATHY
SRI.B.UNNIKRISHNA KAIMAL
RESPONDENT(S)/RESPONDENTS IN THE OA:
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1. UNION OF INDIA
REPRESENTED BY THE SECRETARY
PENSION AND PENSIONER'S WELFARE DEPARTMENT
NORTH BLOCK, NEW DELHI-110 001.
2. THE DIRECTOR GENERAL
ALL INDIA RADIO, AKASH BHAVAN, PARLIAMENT STREET
NEW DELHI-110 001.
3. THE PAY AND ACCOUNTS OFFICER
PAY AND ACCOUNT OFFICE, ALL INDIA RADIO, MYLAPORE
CHENNAI-600 004, TAMIL NADU.
4. THE STATION DIRECTOR/HEAD OF OFFICE
ALL INDIA RADIO, KOZHIZKODE-673 032.
R1-R4 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON 07-08-2014, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (CAT).No. 133 of 2014 (Z)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1.TRUE COPY OF THE OA NO.180/00353/2014 FILED BY THE PETITIONER
BEFORE THE HONOURABLE C.A.T., ERNAKULAM BENCH.
ANNEXURE A-11.TRUE COPY OF THE ORDER NO.CLT 13(1)2013-14(S)/1243 DT 28.5.13
ISSUED BY THE 4TH RESPONDENT.
ANNEXURE A-1. TRUE COPY OF THE DEATH CERTIFICATE OF RAJU.M.
ANNEXURE A-2. TRUE COPY OF the DEATH CERTIFICATE OF PAPPATHI.
ANNEXURE A-3. TRUE COPY OF the MARRIAGE CERTIFICAE SHOWING
MARRIAGE HELD BETWEEN THE PETITIONER AND M.RAJU ON 12.3.1955.
ANNEXURE A-4. TRUE COPY OF THE CERTIFICATE ISSUED BY THE PRESIDENT
OF KURAVAN MAHASABHA OF KOZHIKODE DISTRICT.
ANNEXURE A-4(a): ENGLISH TRANSLATION OF ANNNEXURE A-4.
ANNEXURE A-5. TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE
NO.K.D.2483/91 DT 14.8.1991 ISSUED TO THE 1ST WIE OF LATE RAJU.
ANNEXURE A-6. TRUE COPY OF THE APPLICATION DT 21.7.10 SUBMITTED BY
THE PETITIONER TO THE 4TH RESPONDENT.
ANNEXURE A-7. TRUE COPY OF THE LETTER DT 11.2.2011 OF THE 4TH
RESPONDENT TO THE PETITIONER.
ANNEXURE A-8. TRUE COPY OF THE LETTER DT 15.7.11 OF THE 3RD
RESPONDENT TO THE 4TH RESPONDENT.
ANNEXURE A-9. TRUE COPY OF THE LETTER DT 13.9.2012 OF THE 3RD
RESPONDENT TO THE 4TH RESPONDENT.
ANNEXURE A-10. TRUE COPY OF THE PROCEEDINGS NO.CLT.13(1)2012/S/3978
DT 31.10.12 OF THE 4TH RESPONDENT.
ANNEXURE A-12 TRUE COPY REPRESENTATION DT 3.3.14 SUBMITTED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT.
EXT.P2.TRUE COPY OF THE ORDER DATED 27/5/14 OF THE HONOURABLE CENTRAL
ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH IN OA NO.180/00353 OF 2014.
RESPONDENT(S)' EXHIBITS NIL
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//True Copy//
PA TO JUDGE
Rp
ANTONY DOMINIC & DAMA SESHADRI NAIDU, JJ.
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O.P.(CAT) No. 133 of 2014
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Dated this the 7th day of August, 2014
J U D G M E N T
Antony Dominic, J.
Petitioner approached the Central Administrative Tribunal, Ernakulam Bench by filing OA No.353/2014 claiming family pension. According to her, she is the legally wedded wife of late Raju, who retired from All India Radio while working as Safaiwala. Raju passed away on 27th of September, 1990 and thereupon family pension was disbursed to his wife Smt.Pappathi till her death on 16th of May, 1996. It was thereafter that the petitioner filed application dated 21st of July, 2010 claiming to be the wife of deceased Raju and asserted her entitlement for family pension. This claim has been negatived by the Tribunal. Calling in question the said order, this OP is filed.
2. We heard the learned counsel of the petitioner and also the Assistant Solicitor General, who appeared for respondents 1 to 4.
3. First of all, the claim made by the petitioner is highly belated and a stale one. As we have already seen, the death of the pensioner was on 27/9/90 and his wife also expired on 16/5/96. For OP(CAT) No.133/14 : 2 :
the first time, the claim was made by the petitioner only on 21/7/10, which is nearly 14 years after the death of the wife of the deceased employee.
4. Secondly, the alleged marriage between the petitioner and the deceased is sought to be proved by producing Annexure A3. Annexure A3, which is purported to be a marriage certificate, where author's name and description is also absent, shows that the marriage was solemnized on 12/3/1955 according to the religion of Hindus. That marriage admittedly was during the subsistence of the marriage between the deceased employee and late Pappathi. Such a marriage is a void one under the provisions of the Hindu Marriage Act. Although an attempt has been made by producing a certificate issued by Kuravan Maha Sabha that a second marriage is also recognised in the community, that certificate, apart from its unreliability, also cannot be accepted since Annexure A3 marriage certificate shows that the parties belong to Hindu community and are OP(CAT) No.133/14 : 3 :
governed by the Hindu Marriage Act. In such circumstances, the view taken by the Tribunal does not merit interference. O.P.(CAT) is dismissed.
Sd/-
ANTONY DOMINIC JUDGE Sd/-
DAMA SESHADRI NAIDU JUDGE Rp //True Copy// PA to Judge