PUTHIYA VEETIL KRISHNAN NAIR Vs. KANNUR UNIVERSITY

JUDGEMENT

(1.) This writ petition is filed by a widower aged 84 years seeking to quash Ext.P3 order passed by the Tahsildar, Taluk Ofice, Taliparamba, Kannur District declining the certificate in contemplation of sub-rule 6A of Rule 90 of Kerala Service Rules enabling the petitioner to secure contributory pension on account of death of his son. The basic material facts for the disposal of the writ petition are as follows;

(2.) Petitioner is a widower aged 84 years. His son one M.V.Ravindran while working as Section Officer under the service of the 1st respondent died on 11.5.2004. Late M.V.Ravindran was married and his wife, Smt.K.C.Rooha was granted the family pension as per Ext.P1 order dated 15.5.2008 by the 1st respondent University. Later K.C.Rooha re-married on 30.12.2010 and thereupon the University issued Ext.P2 proceedings dated 8.2.2011 ceasing the family pension granted to the wife. Petitioner has three more children and two of them are working as Class IV employees in Kannur and Calicut University respectively and one son as Police Constable.

(3.) According to the petitioner, since he is very old and has various diseases, is not able to support himself and is not receiving any pension and there is also no source of income. Thereupon petitioner made an application in the year 2012 to the University and on the direction of the University, petitioner has submitted an application seeking a certificate as provided in the Annexure - I format as per sub-rule 6A of Rule 90 of Part III Kerala Service Rules before the Tahsildar, Taluk Office, Taliparamba. However, the certificate was declined by the Tahsildar as per Ext.P3 order assigning the reason that, petitioner has got three other children apart from late M.V.Ravindran and petitioner is living under the protection of other children and therefore, he is not entitled to get the certificate.