High Court Kerala High Court

Union Of India vs P.Radhamma on 17 August, 2007

Kerala High Court
Union Of India vs P.Radhamma on 17 August, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 33866 of 2003(S)


1. UNION OF INDIA, REPRESENTED BY THE
                      ...  Petitioner
2. THE DIVISIONAL RAILWAY MANAGER,
3. THE SENIOR DIVISIONAL PERSONNEL

                        Vs



1. P.RADHAMMA, W/O. M.N.BALAKRISHNA PILLAI,
                       ...       Respondent

                For Petitioner  :SRI.K.P.DANDAPANI

                For Respondent  :SRI.T.C.GOVINDA SWAMY

The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :17/08/2007

 O R D E R
             K. BALAKRISHNAN NAIR & HARUN-UL-RASHID, JJ.
            ---------------------------------------------------------------------------
                           W.P.(C) No. 33866 of 2003
            ----------------------------------------------------------------------------
                       Dated, this the 17th day of August, 2007

                                         JUDGMENT

Balakrishnan Nair, J.

The petitioners challenge Ext.P3 order of the Central Administrative

Tribunal in O.A.No.599/2002.

2. The respondent was the petitioner in the above O.A. Her husband late

Balakrishna Pillai was a casual employee under the Railways since 1967. He

was appointed as a substitute worker on 6.11.1972. On completion of six months’

period on 6.5.1973 he attained temporary status. While working in that post, he

died in an accident while on duty on 13.8.1977. The legal heirs were granted

compensation under the Workmen’s Compensation Act. His dependent son was

appointed under the compassionate appointment scheme. Though the

respondent moved for family pension at the relevant time, the same was rejected.

Later she came to know that a similarly placed widow’s claim was upheld by the

Apex Court in a judgment in 1996 and also by the Central Administrative Tribunal

in the very same year. So she filed a representation on 25.6.1999 before the

Divisional Railway Manager, Southern Railways, Madurai Division, claiming family

pension. On coming to know that the area where her husband worked was

presently under the Thiruvananthapuram Division, she submitted an application

before the General Manager, Thiruvananthapuram Division on 22.3.2000. When

there was no response to the said application, she filed O.A.No.599/2002 before

the Ernakulam Bench of the Central Administrative Tribunal. The respondents in

the O.A., who are the petitioners herein, resisted the application contending that

the claim was barred by limitation. Further, it was also urged that as per the

WPC No.33866/2003 Page numbers

rules, she is not eligible to get family pension. The Central Administrative

Tribunal, after hearing both sides, held that her claim is covered by the judgment

of the Apex Court in Prabhabvati Devi v. Union of India & Others – AIR 1996 SC

752 and ordered to grant family pension with effect from 25.6.1999, the date on

which she applied for family pension at the first instance. The respondents in the

O.A. challenged the said judgment of the Central Administrative Tribunal in this

writ petition on various grounds. But, at the time of hearing, the learned counsel

for the petitioners submitted that the main ground pressed before this court is

only the question of limitation. The learned counsel pointed out that going by

section 20 of the Administrative Tribunal’s Act, 1985, the claim is hopelessly

barred by limitation.

3. We find that though in the reply statement before the Central

Administrative Tribunal, the respondents raised the plea of limitation, it appears

that the same was not argued before the Tribunal. A perusal of the judgment of

the Tribunal would show that the said point was not considered by it. Normally,

the reason must be the non-urging of the said contention. If it was urged and it

was not considered, the same should have been raised as a specific ground in

this writ petition. But we find that in the writ petition no such ground is taken.

Further, as rightly pointed out by the learned counsel for the respondent, the

question of limitation is not at all raised in this writ petition. The learned counsel

for the petitioners contended that it is a pure question of law and therefore the

petitioners are entitled to raise it even in the absence of pleadings to that effect in

the writ petition. Going by the facts of the case, we feel that by the delay in

approaching the authorities for family pension and thereafter the Central

WPC No.33866/2003 Page numbers

Administrative Tribunal, the respondent/applicant alone suffered. In fact, the

petitioners herein stood to gain. The denial of pension takes place every month.

So it is a continuing cause of action. Therefore, the plea of the petitioners that

the respondent’s claim for family pension is barred by limitation, cannot be

accepted. The respondent lost her family pension benefits from 1977 to 1999 as

a result of the delay from her part to claim the same in time. No one else is

adversely affected by that. Therefore, we are not inclined to accept the

contention of the petitioners and in that view we agree with the order passed by

the Central Administrative Tribunal granting family pension to the respondent.

In the result the writ petition fails and it is dismissed.

K. BALAKRISHNAN NAIR
JUDGE

HARUN-UL-RASHID,
JUDGE.

mt/