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High Court of KeralaWP(C)/6364/2014disposed of

Resmi.R.S.Nair v. The Chairman

2015-01-07Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 7TH DAY OF JANUARY 2015/17TH POUSHA, 1936 WP(C).No. 6364 of 2014 (U) --------------------------- PETITIONER(S):

-------------- RESMI.R.S.NAIR W/o.GOPAKUMAR R/AT VRINDAV ALIYILTHARATHA, ANDOORKOONAM, CHEMPAZHANTHI P.O TRIVANDRUM DISTRICT BY ADV. SRI.A.AHZAR RESPONDENT(S):

---------------

1. THE CHAIRMAN AIRPORTS AUTHORITY OF INDIA, RAJIV GANDHI BHAVAN NEW DELHI 110003

2. THE EXECUTIVE DIRECTOR(P&A),AIRPORTS AUTHORITY OF INDIA,RAJIV GANDHI BHAVAN,NEW DELHI 110003

3. THE EXECUTIVE DIRECTOR,(HR) AIRPORTS AUTHORITY OF INDIA, RAJIV GANDHI BHAVAN NEW DELHI 11003

4. THE REGIONAL DIRECTOR AIRPORTS AUTHORITY OF INDIA, SOUTHERN REGION CHENNAI AIRPORT, CHENNAI 27

5. DIRECTOR AIRPORTS AUTHORITY OF INDIA, TRIVANDRUM 695 001 Addl.6. REGIONAL PAY AND ACCOUNTS OFFICER, (C &P) PROVIDENT FUND OFFICE, CHENNAI.

Addl.7. CENTRAL PROVIDENT FUND COMMISSIONER NEW DELHI (NORTH).

Addl.8. REGIONAL PROVIDENT FUND COMMISSIONER PATTOM, THIRUVANANTHAPURAM.

ADDL. R6 TO R8 ARE IMPLEADED AS PER ORDER DATED 25/08/2014 IN IA 11659/2014.

R1 BY ADV. SMT.T.N. GIRIJA ( B/0) R1-R5 BY ADV. SRI.V.SANTHARAM R BY SRI.P.PARAMESWARAN NAIR,ASG OF INDIA R BY N.N.SUGUNAPALAN(SR) BY GOVERNMENT PLEADER: SMT M J RAJASREE SR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 6364 of 2014 (U)

APPENDIX PETITIONER(S)' EXHIBITS:

----------------------- EXHIBIT P1 TRUE COPY OF THE CERTIFICATE ISSUED FROM TALUK OFFICE, TRIVANDRUM DATED 26.05.2008 EXHIBIT P2 TRUE COPY OF THE AFFIDAVIT DATED 29.07.2008 EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 12/8/2010 BY THE PETITIONER EXHIBIT P4 TRUE COPY OF THE LETTER DATED 3/12/2010 EXHIBIT P5 TRUE COPY OF THE LETTER DATED 5/01/2011 FROM 4TH RESPONDENT TO THE AIRPORT DIRECTOR, AIRPORT, TRIVANDRUM EXHIBIT P6 TRUE COPY OF THE LETTER DATED 28/1/2011 BY THE SENIOR MANAGER FINANCE,AIRPORT AUTHORITY OF INDIA EXHIBIT R5(a): TRUE COPY OF THE COMMUNICATION NO.PFRC/98 COORD/DL/36478/COVERAGE/2192 DTD 22.08.2007 EXHIBIT R5(b): TRUE COPY OF THE ORDER NO.F/DL/36478/DEL/1583 DTD 30.04.2010 EXHIBIT R5(c): TRUE COPY OF THE SANCTION ORDER NO.AAI/CPF/FP/SR/239 DATED 09.02.2009 EXHIBIT R5(d): TRUE COPY OF THE PAYMENT VOUCHER SIGNED BY THE PETITIONER EXHIBIT R5(e): TRUE COPY OF THE REPRESENTATION DATED NIL SUBMITTED BY the PETITIONER BEFORE the EXECUTIVE DIRECTOR (F&A), AIRPORTS AUTHORITY OF INDIA, RAJIV GANDHI BHAVAN, NEW DELHI. RESPONDENT(S)' EXHIBITS:NIL True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.6364 of 2014 ============================ Dated this the 07th day of January, 2015

JUDGMENT

Petitioner is the legal heir of late C.Sasidharan Nair. Sasidharan Nair had worked as a Dish Washer in the Civil Aviation Department at Trivandrum Airport from 01.10.1979 to 13.12.2002 and subsequently as a Safaiwala at Trivandrum Airport. It is submitted by the petitioner that his father was absorbed at National Airport Division on 01.10.1991. Sasidharan Nair expired on 08.01.2008 while he was in service. Petitioner submitted that he is the only legal heir. Petitioner's present claim is for disbursal of pension arrears with interest due to the late Sasidharan Nair. Petitioner submits that more than Rs.1,16,123/- is due to him towards pension arrears. Counter affidavit has been filed by the Airport Authority.

It is stated that employees of the Airport Authority of India organization is covered under the Airport Authority of India Contributory Provident Fund Rules and all contributions are timely remitted to the Employees Provident Fund Organization. It is also submitted that Sasidharan Nair was in service on 01.04.

W.P(C).No.6364 of 2014 become the members of the Employees Pension Scheme 1995. 2.

In the circumstance, it is made clear that if the petitioner makes a claim in the requisite format either before the 5th respondent or before the additionally impleaded 6th respondent, appropriate action will be taken thereon. In view of the fact that the pensionary claim is covered under the Employees Provident Fund Scheme, petitioner has to make necessary request in terms of the relevant regulation. Therefore, petitioner shall either make a request before the 5th respondent or additionally impleaded 6th respondent in the necessary format within a period of four weeks from the date of receipt of a copy of this judgment. Thereupon, necessary action shall be taken either by the 5th or additionally impleaded 6th respondent within a further period of two months.

The Writ Petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/09/01/15