Kerala High Court
Rohinikutty vs The Union Of India on 11 June, 2025
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WP(C) NO.4350 OF 2018 2025:KER:41268
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
WEDNESDAY, THE 11TH DAY OF JUNE 2025 / 21ST JYAISHTA, 1947
WP(C) NO.4350 OF 2018
PETITIONER:
ROHINIKUTTY
W/O. LATE EX.GS-159151-L PNR N. ANANDAN,
RESIDING AT AJI BHAVANAM, CHINGOLI,
ALAPPUZHA DISTRICT.
BY ADVS.
SRI.R.RAJASEKHARAN PILLAI
SMT.SABINA JAYAN
DR.SHERINE JOSEPH
SRI.V.SREEDHARAN NAIR
RESPONDENTS:
1 THE UNION OF INDIA
REPRESENTED BY ITS SECRETARY,
MINISTRY OF DEFENCE, NEW DELHI 110 011.
2 THE DIRECTOR GENERAL
BOARDER ROADS, SEEMA SADAK BHAWAN RING ROAD,
DELHI CANTT, NEW DELHI 110 010.
3 THE COMMANDER
1579 PNR COY, C/O.56APO.
4 THE SENIOR RECORD OFFICER
MADRAS REGIMENT, ABHILEKH KARYALAYA,
RECORDS, THE MADRAS REGIMENT,
PIN 900458,C/O.56APO.
5 THE CONTROLLER OF DEFENCE PENSION
(PCDA(PENSION), DRAUPATI GHAT,
ALLAHABAD, UP, PIN 211 001.
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WP(C) NO.4350 OF 2018 2025:KER:41268
6 THE DEFENCE PENSION DISBURSING OFFICER,
PATHANAMTHITTA PIN 689 645.
7 JANAMMA,
RESIDING AT ODUTHALIL HOUSE,
CHINGOLI P.O., ALAPPUZHA 690 582.
8 THE COMMANDANT.
GREF CENTRE, DIGHI CAMP, PUNE 411 015.
*ADDL. R9 RAJAN A.,
S/O.JANAMMA, RESIDING AT LEKSHMI NIVAS,
MAHADEVIKAD P.O. KARTHIKAPPALLY (VIA),
ALAPPUZHA, KERALA 690516.
*ADDL. R10 VANAJA J.,
D/O.JANAMMA, GOWRISNKARAM, CHINGOLI P.O.
KARTHIKAPPALLY, PIN 690532.
*ADDL. R11 SANDHYA J.,
D/O.JANAMMA, PUTHENPANAYIL VADAKKATHIL,
MAHADEVIKAD P.O., KARTHIKAPPALLY,
ALAPPUZHA 690516.
*ADDL. R12 J.INDIRA
D/O.JANAMMA, PLANTHARAYIL HOUSE,
CHERUKOL P.O., MAVELIKARA PIN 690104.
*ADDL. R13 ASHOKAN V.,
S/O.JANAMMA, OODATHOLILL HOUSE,
CHINGOLI P.O., KARTHIKAPPALLY, ALAPPUZHA
*(THE LEGALHEIRS OF R7 ARE IMPLEADED AS ADDL.R9 TO
ADDL. R13 AS PER THE ORDER DATED 13/11/2024 IN I.A
NO.2/2024 IN WP(C)4350/2018)
BY ADVS.
SMT.O.M.SHALINA, CGC
O.M.SHALINA, DEPUTY SOLICITOR GENERAL OF INDIA
SMT S KRISHNA FOR DSGI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
11.06.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) NO.4350 OF 2018 2025:KER:41268
JUDGMENT
This writ petition seeks to highlight the predicament faced by the Indian Army with respect to the pension payable to the legal heirs of one deceased Anandan, who was originally working with the Madras Regiment, having entered the service during 1968 and having worked with the Army till 31.01.1978 and thereafter joining the services of General Reserve Engineer Force (GREF) in 1982 and continuing to serve GREF till 1994, when he was discharged from service. It may also be noticed that Anandan passed away in 2006. Anandan was married to the petitioner herein in the year 1960, as evidenced by Exts.P8, P8A and P8B certificates dated 15.06.2008, 26.09.2008 and 21.03.2007, respectively. However, in the Army records, the name of the 7th respondent herein was shown as his wife - the next of kin, whereas in the GREF records the name of the petitioner was shown as next of kin. The petitioner points out that the family pension 4 WP(C) NO.4350 OF 2018 2025:KER:41268 upon the death of Anandan was not being paid on account of which the writ petition was presented before this Court and was later transferred to the Armed Forces Tribunal (AFT), upon its constitution. The AFT, by Ext.P12 order dated 07.01.2013, found that if there are two widows, the question as to the entitlement of the family pension qua the widows is to be adjudicated by the Army. The Tribunal found that the application filed by the petitioner herein was premature insofar as there was no adjudication and therefore dismissed the application filed by the petitioner herein.
2. On the basis of the afore, the matter was adjudicated by the Army, though no formal orders have been issued, leading to the issue of Ext.P14, as per which the Army decided to sanction the pension to the 7th respondent herein.
3. In such circumstances, the petitioner has filed the captioned writ petition (civil) seeking appropriate reliefs.
4. During the pendency of this writ petition, the 7th 5 WP(C) NO.4350 OF 2018 2025:KER:41268 respondent herein has passed away and her legal heirs have been impleaded as additional respondents 9 to 13. However, there is no appearance from the side of the afore additional respondents 9 to 13, in spite of service of notice.
5. I have heard Sri.R.Rajasekharan Pillai, learned counsel for the petitioner and Smt.S.Krishna, representing the learned Deputy Solicitor General of India on behalf of the respondents herein.
6. The short issue arising for consideration in this writ petition would be as regards the entitlement of the petitioner for the family pension on account of the death of Anandan, from Army/ GREF.
7. The fact that the respondents have not arrived at a decision after a thorough adjudication is not in dispute. This Court notices that as on date, the 7th respondent has not produced any document to show that she was the legally wedded wife of the deceased Anandan. As against the afore, 6 WP(C) NO.4350 OF 2018 2025:KER:41268 the petitioner has produced the documents at Ext.P8 series, referred to above, to show that the marriage between the petitioner and the deceased took place in the year 1960. This Court also notices Ext.P19 certificate dated 27.02.2016, issued by the Tahsildar, Karunagappally certifying that the petitioner and her two daughters and son are the legal heirs of deceased Anandan. In the light of the afore, I am of the opinion that it was the name of the petitioner herein, which ought to have been noticed as "next of kin" in the records of the Army as well as the GREF. In such circumstances, there will be a direction to the respondents herein to note the afore details - the name of the petitioner herein - as the next of kin of deceased Anandan in the records of the Army as well as the GREF.
8. At this juncture, the question may arise as regards the treatment of the amounts already disbursed to the 7th respondent herein, as noticed earlier. However, 7 WP(C) NO.4350 OF 2018 2025:KER:41268 Sri.Rajasekharan Pillai, learned counsel for the petitioner, fairly points out that the petitioner is not disputing the payments already made to the 7th respondent herein and that the petitioner, as well as the deceased 7th respondent and the additional respondents 9 to 13 have arrived at an understanding as per the agreement dated 12.05.2015. In such circumstances, he would submit that this Court may not issue any directions as regards the amounts already disbursed by the Army to the 7th respondent herein.
In the result, this writ petition would stand disposed of with the following directions:
(i) It is declared that the respondents have to note the name of the petitioner as the next of kin of deceased Anandan in the records of the Army/GREF.
(ii) The respondents herein to disburse the family pension due to the petitioner on account of the afore endorsement, with effect from the relevant date, as expeditiously as possible, at any rate 8 WP(C) NO.4350 OF 2018 2025:KER:41268 within a period of four months from the date of receipt of a certified copy of this judgment.
(iii) It is made clear that the respondents are not to disturb the payments already made to the deceased 7th respondent herein or to take any action for recouping the afore payments.
Sd/-
HARISANKAR V. MENON JUDGE Skk//11.06.2025 9 WP(C) NO.4350 OF 2018 2025:KER:41268 APPENDIX OF WP(C) NO.4350 OF 2018 PETITIONER'S EXHIBITS:
EXHIBIT P1 THE PENSION PAYMENT ORDER ISSUED BY THE 5TH RESPONDENT EXHIBIT P1A TRUE COPY OF THE DEATH CERTIFICATE EXHIBIT P2 TRUE COPY OF THE LETTER DATED 3-07 FROM THE 5TH RESPONDENT TO THE 3RD RESPONDENT EXHIBIT P3 TRUE COPY OF THE LETTER NO.CF/15915IL/232/E5 DATED 10-01-2007 OF THE 3RD RESPONDENT EXHIBIT P4 TRUE COPY OF THE LR.NO.OF/15915IL/NA/239/E/E5 DATED DATED 11-4-2007 FROM THE 3RD RESPONDENT TO THE PETITIONER EXHIBIT P5 TRUE COPY OF THE LETTER DATED 25-5-2007 FROM THE PETITIONEER TO THE 3RD RESPONDENT EXHIBIT P6 TRUE COPY OF THE LETTER DATED CF/15915IL/NA/ 246/E5 DATED 13-7-2007 FROM THE 3RD RESPONDENT TO THE PETITIONER EXHIBIT P7 TRUE COPY OF THE LETTER NO. 2554820/FP/51/PG-2 DATED 18-09-2007 FROM THE 4TH RESPONDENT TO THE PETITIONER EXHIBIT P8 TRUE COPY OF CERTIFICATE DATED 15-6-08 ISSUED BY THE LOCAL SNDP YOGAM`
EXHIBIT P8 TRUE COPY OF THE CERTIFICATE DATED 26-09-2008 FROM THE GRAMA PANCHAYAT EXHIBIT P8B TRUE COPY OF THE CERTIFICATE DATED 25-3-2007 FROM THE VILLAGE OFFICER EXHIBIT P9 TRUE COPY OF THE LETTER NO.CF/15915IL/NA/273/E5 DATED 22-02-2008 OF THE 3RD RESPONDENT 10 WP(C) NO.4350 OF 2018 2025:KER:41268 EXHIBIT P10 TRUE COPY OF THE LETTER NO. 2554820/PP/61/PG-2 DATED 24-3-2008 FROM THE 4TH RESPONDENT TO THE 3RD RESPONDENT EXHIBIT P11 TRUE COPY OF THE LETTER NO.CF/15915IL.NA275/ES DATED 11-4-2008 FROM THE 3RD RESPONDENT EXHIBIT P12 TRUE COPY OF THE ORDER DATED 7-1-2013 IN TA NO.
215/2010 OF THE AFT REGIONAL BENCH KOCHI EXHIBIT P13 TRUE COPY OF THE ORDER NO. 01/(05)/2010-D(PEN-
POLICY) DATED 17-1-2013 OF THE 1ST RESPONDENT EXHIBIT P14 TRUE COPY OF THE CALCULATION SHEET ISSUED BY THE 6TH RESPONDENT DATED 3-4-2017 EXHIBIT P15 TRUE COPY OF THE ENDORSEMENT SHOWING 6TH RESPONDENT IS REGULARLY DRAWING THE PENSION EXHIBIT P16 TRUE COPY OF THE COMMUNICATION DATED 7-9-2016 FROM THE 3RD RESPONDENT TO THE 4TH RESPONDENT EXHIBIT P17 TRUE COPY OF THE COMMUNICATION DATED 13-09-2017 FROM THE 3RD RESPONDENT TO THE PETITIONER EXHIBIT P18 TRUE COPY OF THE LETTER DATED 30-10-2017 FROM THE 35 BORDER ROADS TASK FORCE TO THE KERALA EX-GREF WELFARE ASSOCIATION EXHIBIT P19 TRUE COPY OF THE CERTIFICATE ISSUED TO THE PETITIONER FROM THE TAHASILDAR KARTHIKAPPALLY DATED 27-2-2016 EXHIBIT P20 TRUE COPY OF THE COMMUNICATION DATED 22-2-2006 FROM THE OFFICE OF THE DPDO,KOLLAM TO THE PETITIONER'S HUSBAND.
RESPONDENTS' EXHIBITS:
EXHIBIT R3(A) TRUE COPY OF CERTIFICATE OF SERVICE ISSUED BY RECORDS THE MADRAS REGIMENT.11
WP(C) NO.4350 OF 2018 2025:KER:41268 EXHIBIT R3(B) TRUE COPY OF PPO NO.C/GREF/26/95 DATED 24 NOV 1994.
EXHIBIT R3(C) TRUE COPY OF PETITIONERS LETTER SEEKING FAMILY PENSION DATED 21 DEC 2006.
EXHIBIT R3(D) TRUE COPY OF PCDA (P) ALLAHABAD 1579 PNR COY LETTER NO.CF/159151L/232/E5 DATED 10 JAN 2007.
EXHIBIT R3(E) TRUE COPY OF PCDA (P) ALLAHABAD LETTER NO.G1/CGREF/24/02/2007 DATED 19 MAR 2007.
EXHIBIT R3(F) TRUE COPY OF OC 1579 PNR COY LETTER NO.CF/159151L/NA/239/E5 DATED 11 APR 2007.
EXHIBIT R3(G) TRUE COPY OF APPLICATION SUBMITTED BY THE PETITIONER TO OC DEPOT, THE MADRAS REGIMENT CENTRE WELLINGTON DATED 13 AUG 2007.
EXHIBIT R3(H) TRUE COPY OF APPLICATION SUBMITTED BY THE 7TH RESPONDENT DATED 31 OCT 2007.
EXHIBIT R3(I) TRUE COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT NO.CF/159151L/NA/254/E5 DATED 7. NOV 2007 EXHIBIT R3(J) TRUE COPY OF RECORDS THE MADRAS REGIMENT LETTER NO.2554820/FP/51/PG-2 DATED 18 SEP 2007.
EXHIBIT R3(K) TRUE COPY OF MADRAS REGIMENT LETTER NO.2554820/FP/55/PG-2 DATED 12 JAN 2008.
EXHIBIT RE(L) TRUE COPY OF THE LETTER NO.CF/159151L/NA/273/E5 DATED 22 FEB 2008.
EXHIBIT R3(M) TRUE COPY OF MADRAS REGIMENT WELLINGTON NILGIRIES) LETTER NO.2554820/FP/64/PG-2 DATED 12 MAY 2008.
EXHIBIT R3(N) TRUE COPY OF UNWILLINGNESS CERTIFICATE OF LATE N ANANDAN DATED 08 JUL 1990.
12WP(C) NO.4350 OF 2018 2025:KER:41268 EXHIBIT R3(O) TRUE COPY OF DAILY ORDER PART II NO.0/022/ 0020/1990 DATED 08 JUL 1990.
EXHIBIT R3(P) TRUE COPY OF 1579 PNR COY LETTER NO.CF/159151L/NA/220/E5 DATED 07 SEP 2016. EXHIBIT R3(Q) TRUE COPY OF HEADQUARTERS 35B ORDER ROADS TASK FORCE LETTER NO.12049/PEN/CORR/30/E1C DATED 30 OCT 2017.
EXHIBIT R3(R) TRUE COPY OF 1579 PNR COY LETTER NO.CF/159151/ NA/217/E5 DATED 03 JUN 2016.
EXHIBIT R3(S) TRUE COPY OF PCDA (P) ALLAHABAD LETTER NO.GIC/ GREFJCSO/1363516/V/2016 DATED 26 JUL 2016.