RAMYA RAJ Vs. GURUVAYOOR DEVASWOM BOARD DEVASWOM BOARD

JUDGEMENT

(1.) These writ petitions are filed by a mother and a daughter claiming pensionary benefits and compassionate appointment pursuant to the death of late Bhaskaran, who died while in service under the Guruvayur Devaswom. W.P(C) .No.8984/2016 is filed by Smt.Ramya Raj seeking appointment on compassionate grounds claiming that she is the daughter of late Bhaskaran, who died on 4.7.2014 while working as Second Gr. Overseer under the respondents. W.P(c) .No.21598 of 2017 is filed by Smt.Vanaja, claiming that she is the widow of late Bhaskaran and seeking directions to grant her the terminal benefits flowing from the death of late Bhaskaran. Producing the death certificate of late Bhaskaran, the legal heirship certificate and one and the same certificate certifying that late Bhaskaran was also known as Rajan, Smt.Ramya Raj claims compassionate appointment.

(2.) As there was delay in considering her application, petitioner submitted application under Right to Information Act and got Exts.P5 to P7 letters, from which she came to know that the 4th respondent had received complaints in respect of the identity of her father, saying that the person who died on 4.7.2014 was C.B.Rajan and based on that as per Ext.P5 letter dt.17.11.2014, the 4th respondent-the Senior Deputy Director of Local Fund Audit informed the 3rd respondent-the Administrator that a complaint was received in his office saying that the person who died on 4.7.2014 was C.B.Rajan, who is the brother of C.B.Bhaskaran and therefore, the 3rd respondent was requested to inquire into the complaint and to ascertain whether any impersonation was committed. It was requested that the Service Book for fixing pensionary benefits need be furnished along with the reports from the Village Officer and Tahsildar, after conducting the inquiry. The 3rd respondent had, as per Ext.P6 letter requested the 4th respondent, to approve the pensionary claims of late Bhaskaran pointing out that he died while on duty and all the documents produced were valid. Thereafter as per Ext.P7 letter dated 18.2015, the third respondent had directed petitioner's mother to produce the one and the same certificate to prove that late C.B. Bhaskaran himself is C.B.Rajan. Her mother had submitted Ext.P8 representation stating that she has produced all certificates for granting pensionary benefits pursuant to the death of her husband C.B.Bhaskaran. The writ petition was filed at that stage complaining that the respondents were not taking any steps for granting pension and compassionate appointment.

(3.) Respondents 1 and 3 filed counter affidavit producing Exts.R1(a) to R1(i) documents stating that the person who was working in the Devaswom in the name of C.B.Bhaskaran was his elder brother C.B.Rajan. It is stated that Sri.C.B.Bhaskaran, had entered service as Helper in the Devaswom on 15.10.1984, with qualification of pass in Std.VII. He was promoted as Assistant Lineman on temporary basis as per order dt.28.11.1987 and as permanent Assistant Lineman w.e.f 1.1992. He was thereafter promoted as Second Grade Overseer as per order dt.11.11.199 He died on 4.7.2014 while working as Second Grade Overseer. Smt.Vanaja, the petitioner in W.P(c) .No.21598 of 2017, submitted Ext.R1(a) application dt.11.2014 along with her identity card issued by the Election Commission of India, no remarriage certificate by village officer, legal heirship certificate and the death certificate. The petitioner and her brother Vinilraj.C submitted Ext.R1(b) affidavit dt.111.2014 authorising the mother to receive pensionary benefits payable to late C.B.Bhaskaran.