Central Administrative Tribunal - Ernakulam
Sosamma Cherian vs Department Of Posts on 20 May, 2025
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
Original Application No. 180/00644/2024
Tuesday, this the 20th day of May, 2025.
CORAM:
HON'BLE Mr. JUSTICE K. HARIPAL, JUDICIAL MEMBER
Sosamma Cherian, aged 85 years,
W/o. Late John Cherian.P,
Puthenpurackal, Muttuchira P.O.,
Kottayam - 686 613. -Applicant
[By Advocates : Mr. Kaleeswaram Raj, Mrs. Thulasi K. Raj]
Versus
1. Union of India, Represented by the Secretary,
Ministry of Communication,
Department of Post, Dak Bhavan,
Sansad Marg, New Delhi - 110 001.
2. Director General of Posts,
Dak Bhavan, New Delhi - 110 001.
3. The Chief Post Master General,Kerala Circle,
Office of the Chief Post Master General,
P.M.G Junction, Trivandrum - 695 033.
4. Post Master General, Central Region, Kochi - 682 018.
5. Superintendent of Post Officer,
Changanassery Division, Changanassery - 686 101.
6. Senior Post Master, Kottayam Head Post Office,
Kottayam - 686 001.
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O.A No. 180/00644/2024
7. Director of Accounts (Postal) (DAP),
Kerala Circle, Thiruvananthapuram - 695 001.
8. Accountant General (A & E ),
Office of the Accountant General (A&E),
Thiruvananthapuram - 695 001. - Respondents
[By Advocates : Mr. E.N Hari Menon, ACGSC for R-1 to 7,
Mrs. Sreekala T.K for R-8]
The Original Application having been heard on 20.05.2025 the
Tribunal on the same day delivered the following:
O R D E R (Oral):-
The applicant is an octogenarian who claims to be the widow of late Sri John Cherian, who worked as Postmaster under the respondents and retired from service on superannuation in May, 1990 from Puthuppally SO. Even though there was a doubt with regard to non production of a proper joint photograph, ultimately he was granted pension. While drawing pension, he passed away on 20.07.2024. The grievance of the applicant is that the respondents are not processing her application for family pension. Thus, she seeks a declaration that she is the wife and legal heir of Sri John Cherian, is A X 2025.05.23 16:34:54 SHERIN+05'30' 3 O.A No. 180/00644/2024 entitled to receive family pension along with arrears and to direct the respondents to disburse the family pension along with arrears, forthwith.
2. The respondents filed reply as well as additional reply statement after the rejoinder that she did not produce appropriate documents for processing the application. Now, it has become clear that appropriate documents including non-remarriage certificate have already been produced before the respondents.
3. It is evident from the documents that the relationship between late John Cherian and the applicant remained sore for sometime. He had approached the Family Court for divorce. It seems that, that petition was dismissed, against which he had moved the Hon'ble High Court with Mat. Appeal 362/2007, which was dismissed as per Annexure A-4 on 01.03.2018, as not pressed. That means the status of late John Cherian and the applicant continued as husband and wife and on his demise on 20.07.2024, she became the widow. A X 2025.05.23 16:34:54 SHERIN+05'30' 4 O.A No. 180/00644/2024
4. It is the settled proposition of law as held by the Hon'ble Supreme Court in S.K. Mastan Bee v. General Manager, South Central Railway and another [2003 (1) SCC 184], family pension is a right of the widow and it is the obligation of the employer to compute the family pension payable to the widow and disburse the same even without making a claim or initiation of litigation on her part. Similarly, in G.L. Bhatia v. Union of India and another [1999 (5) SCC 237], it is held that Government servant dying leaving behind widower while there had been no divorce between them, is entitled to get family pension. Here, the applicant is in better place. The petition for divorce stood dismissed and the status of the applicant as the widow of late John Cherian is beyond dispute.
5. Now it has become clear that the applicant has produced a non-remarriage certificate issued by the Tahsildar on 15.04.2025, which is being processed. In the circumstances, there is no justification in not processing and disbursing the family pension with lifetime arrears.
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6. To a specific query put by the Tribunal, the learned Standing Counsel has submitted that on verification, if the documents produced are correct and proper, the application for family pension can be disposed of within a period of two weeks. This is recorded.
7. The OA is disposed of directing the respondents to consider and dispose of the claim for family pension within a period of two weeks from the date of receipt of a copy of the order. It goes without saying that lifetime arrears shall be disbursed forthwith. No costs.
(Dated, 20th May, 2025) JUSTICE K. HARIPAL JUDICIAL MEMBER ax A X 2025.05.23 16:34:54 SHERIN+05'30' 6 O.A No. 180/00644/2024 List of Annexures in OA/644/2024 Annexure A1- True copy of the death certificate dated 02.08.2024 of the applicant's husband.
Annexure A2- True copy of the marriage certificate issued by the Vicar, St. George Orthodox Cathedral dated 22.07.2024.. Annexure A3- True copy of the Form 14, the application for the family pension.
Annexure A4- True copy of the judgment dated 01.03.2018 in Mat. Appeal No. 362/2007 passed by the Hon'ble High Court of Kerala. Annexure A5- A true copy of the RTI questionnaire along with the reply concerning the applicant's husband, pensioner Sri. P.John Cherian holder of PPO No. 4663/LPS/TVM. Annexure A6- A true copy of the letter No. C/114/JC dated 09.10.2024 issued by the 2nd respondent Annexure A7- True copy of letter dated 11.12.2024 submitted by the applicant to the postmaster, Kanjirapally H.O., Kottayam. Annexure A8- True copy of Letter No. AC/Pen/JC dated 17.09.2024. Annexure A9 - True copy of the covering letter dated 27.01.2025. Annexure A10 - True copy of covering letter dated 27.03.2025 along with relevant documents.
Annexure A11- True copy of the covering letter dated 15.04.2024 submitted by the applicant to the Senior Superintendent of Post Offices along with the aforementioned documents along with typed copy.
Annexure R1- A true copy of the letter dated 23.03.1990 received from Sri. P. John Cherian.
Annexure R2- A true copy of the application for revision of family pension dated 19.08.1998 received from Sri P. John Cherian. A X 2025.05.23 16:34:54 SHERIN+05'30' 7 O.A No. 180/00644/2024 Annexure R3- A true copy of the reply dated 10.04.1999 received from Sri P. John Cherian.
Annexure R4- A true copy of the letter dated 27.01.2025 from Smt Sosamma Cherian.
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