K.Rajalakshmi v. Asst.General Manager
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE 25TH DAY OF FEBRUARY 2015/6TH PHALGUNA, 1936 WP(C).No. 3352 of 2009 (Y) --------------------------- PETITIONER(S):
------------- K.RAJALAKSHMI W/O.LATE K.M.NARAYANAN NAIR, SREEVALSOM MANAPPURATH PARAMBU, FEROKE AMSOM, NALLOOR DESOM FEROKE.P.O, KOZHIKODE.
BY ADVS.SMT.R.RANJINI SRI.K.A.ABDUL NISTAR RESPONDENT(S):
--------------
1. ASST.GENERAL MANAGER LOCAL HEAD OFFICE, P.P.G.DEPT, S.S.KOVIL ROAD THAMBANOOR, THIRUVANANTHAPURAM-695001.
2. CHIEF MANAGER,STATE BANK OF INDIA, TELLICHERRY BRANCH.
3. RAJEEVAN,K. S/O. LATE NARAYANAN NAIR, AGED 45, KUNNUMMEL HOUSE, THIRUNONEPRAM, THUNDIYIL P.O., VALLARVALLI AMSOM, THIRUVANANTHAPURAM DESOM - 695 581
4. RADHIKA MANIKUMAR, D/O. LATE NARAYANAN NAIR, AGED 42, BHAVANA, THIRUVALLOOR AMSOM, THODANNUR DESOM, THODANUR P.O. VADAKARA TALUK - 673 543
5. RAJITHA K. D/O. LATE NARAYANAN NAIR, AGED 40, KAILAS, VALLANVELIL AMSOM, THIRUVONEPRAM, THUNDIYIL P.O. 695 581
6. K.RAJESH, S/O. LATE NARAYANAN NAIR, AGED 32, MANAPARAMBATH PARAMBIL, FEROKE AMSOM,
NALLOOR DESOM, FEROKE P.O.
OZHIKODE - 673 001
7. RETHI D/O. NARAYANAN NAIR, AGED 32, MANAPARAMBATH PARAMBIL, FEROKE AMSOM, NALLOOR DESOM, FEROKE P.O.
KOZHIKODE DISTRICT - 673 001 (RESPONDETNS 3 TO 7 IMPLEADED AS PER ORDER IN I.A. NO. 4640/2009) BY SC SRI.P.V.SURENDRANATH FOR R12 & R2 ADDL.R3 TO 7 BY ADVS.M/S. V.P.REGHURAJ & P.U. SHAILAJAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3352 of 2009 (Y) APPENDIX PETITIONER'S EXTS:
EXT.P1: TRUE COPY OF THE SUCCESSION CERTIFICATE GRANTED BY THE MUNSIFF COURT, TELLICHERRY IN O.P. NO. 19/2007 EXT.P2: TRUE COPY OF THE DEATH CERTIFICATE OF LATE K.M.NARAYANAN NAIR ISSUED BY KOZHIKODE CORPORATION EXT.P3: TRUE COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DT. 16-4-2007 EXT. P4: TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE VILLAGE OFFICER, FEROKE DATED 2304-2007 EXT.P5: TRUE COPY OF THE REPLY LETTER ISSUED BY THE OFFICE OF THE IST RESPONDENT EXT.P6: TRUE COPY OF THE ELECTORAL IDENTITY CARD OF THE PETITIONER EXT.P7: TRUE COPY OF THE LETTER DATED 28-2-2008 ISSUED BY THE IST RESPONDENT EXT.P8: TRUE COPY OF THE LETTER DATED 24-11-2008 ISSUED BY THE PETITIONER TO THE IST RESPONDENT EXT.P9: TRUE PHOTOCOPY OF THE ORIGINAL PETITION NO. 19/2007 FILED UNDER SECTION 372 OF INDIAN SUCCESSION ACT, 1925 EXT.
P10: TRUE PHOTOCOPY OF THE DEATH CERTIFICATE OF MRS. LAKSHMI AMMA EXT.P11: THE PHOTOCOPY OF THE LETTER DATED 8-112006 SUBMITTED BEFORE THE ASSISTANT GENERAL MANAGER STATE BANK OF INDIA, M.G. ROAD,THALASSERY EXT.P12: PHOTOCOPY OF THE LETTER DATED 17-2-2011 ISSUED BY THE BRANCH MANAGER,SBI.
/TRUE COPY/ P.S. TO JUDGE
A.M. SHAFFIQUE, J.
............................................................ W.P.C. No. 3352 of 2009 - Y .............................................................. Dated : 25 - 02 - 2015
JUDGMENT
Petitioner claims to be the wife of Late Sri. Narajanan Nair who retired from the service of the State Bank of India. According to her, she is entitled for pension under the Family Pension Scheme. Though she made a request, the Bank insisted for producing marriage certificate which she was unable to produce. According to her, the marriage was conducted as per customary rites. Petitioner had produced certificates from the Village Officer as well as certain other records to prove that she is the legally wedded wife of Late Narayanan Nair.
2. Counter affidavit has been filed by the respondent Bank, inter alia, stating that as per the service records available with the
W.P. (C ) No.3352 of 2009 Bank, one Smt. Lakshmi is shown as the wife of Late. Sri. Narayanan Nair. No changes were made in the service records to show that the petitioner is the legally wedded wife of Late. Sri. Narayanan Nair. It is submitted that the first wife Lakshmi expired prior to the death of Narayanan Nair.
3. The 3 rd respondent has filed a counter affidavit stating that the petitioner is not the legally wedded wife of Late. Narayanan Nair.
4. The fact being so, there is dispute regarding whether the petitioner is the legally wedded wife of Narayanan Nair for providing the benefits under the Family Pension Scheme. Petitioner will have to prove that she is the legally wedded wife of Narayanan Nair. Such facts cannot be adjudicated in a petition filed under Article 226 of the Constitution. Respondents have disputed the right of the petitioner to receive the family pension and the 3 rd respondent is even disputing the fact that the she is the legally wedded wife of Late Sri. Narayanan Nair. Under such
W.P. (C ) No.3352 of 2009 circumstances, the only option available to the petitioner is to approach the civil court and get an appropriate declaration as may be advised.
In the result, this Writ Petition is dismissed. Sd/- A.M. SHAFFIQUE (Judge) ani/ /true copy/ P.S. to Judge