IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31676 of 2005(U)
1. P.K. REKHA,
... Petitioner
Vs
1. THE CHAIRMAN,
... Respondent
2. THE MECHANICAL SUPERINTENDENT,
3. THE INDUSTRIAL RELATIONS OFFICER,
4. ANIL DEV V.L.,
For Petitioner :SRI.C.S.RAMANATHAN
For Respondent :SRI.K.ANAND (A.201)
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :27/07/2010
O R D E R
ANTONY DOMINIC, J.
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W.P.(C) No. 31676 OF 2005
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Dated this the 27th day of July, 2010
J U D G M E N T
Petitioner is one of the wives of late Sri.Asokan, who was
an Assistant Engineer in the Cochin Port Trust. Prior to the
petitioner’s marriage, Asokan had married one Anitha, who expired
on 25.8.1991. Subsequently Sri. Asokan also died of heart attack
on 10.5.2003. It appears that Asokan had two children in his first
wedlock with Smt. Anitha and those children were living with
Sri.Asokan and the petitioner. Subsequent to the death of Asokan,
Cochin Port Trust disbursed all the benefits to the petitioner,
including family pension and that such payments appear to have
been made till March, 2005. At about that stage, the fourth
respondent approached the Family Court, Thiruvananthapuram and
obtained a judgment appointing him as the guardian of the two
children in the first marriage. On account of the above, payment of
family pension was discontinued by the Cochin Port Trust with effect
from 1.4.2005 and it is in these circumstances, the writ petition has
been filed.
2. I heard the learned counsel appearing for the petitioner,
the learned standing counsel appearing for respondents 1 to 3 and
also the learned counsel appearing for the fourth respondent.
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3. In the counter affidavit, respondents 1 to 3 have
accepted that being one of the wives of the deceased, in view of the
provisions contained in Rule 54(7)(a)(1) of the Central Civil Service
Pension Rules, 1972, petitioner is entitled to equal share in the family
pension and that the two children in the first marriage are entitled to
the remaining half. Such payment of family pension is acceptable to
the fourth respondent also.
4. Taking into account the submissions made by the
parties, it is directed that the family pension due on account of the
death of Sri. Asokan, Assistant Engineeer, Cochin Port Trust, will be
paid in equal share to the petitioner and the fourth respondent on
behalf of the two children of Sri. Asokan in the first marriage which
he had with late Smt. Anitha. Payment along with arrears will be
made within a period of six weeks from the date of receipt/production
of a copy of this judgment and continued payment will also be made
as per the rules.
The writ petition is disposed of as above.
ANTONY DOMINIC
(JUDGE)
vps
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