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2015 DIGILAW 1750 (MAD)

Infend Senaka v. Assistant Provident Fund Commissioner

2015-03-31

V.M.VELUMANI

body2015
Judgment :- The petitioners have filed the present Writ Petition praying to direct the first respondent to release the family pension arrears upto May, 2009 with interest to the petitioners. 2. The petitioner's father was working in a Fertilizers Manufacturing Unit namely, 'Balaji Industries' at Kodaman Nayakkanpatti, having head office at Rallis India Limited 6-A, Cunningham Road, Bangalore-560 052. The petitioner's father Charles Antony covered under Employees Provident Fund. The said Charles Antony died on 09.03.2000, leaving his wife Mrs.Leema Rose and two minor children. The said Leema Rose also died on 05.03.2001. At the time of death of the parents, the petitioners were minors. The petitioners' maternal uncle M.S.Thomas is representing on behalf of them. Therefore, the petitioners' maternal uncle referred to as petitioner. 3. After the death of Charles Antony and Mrs.Leema Rose, parents of the petitioners, as a maternal uncle of minors applied for the payment of retirement benefit of his sister Leema Rose on behalf of minors. The Educational authorities were refused to disburse the terminal benefits of his sister Leema Rose and insisted for succession certificate. Therefore, the petitioner filed a writ petition in W.P.No.3429 of 2004. This Court, by the order, dated 21.04.2006, directed the petitioner to open the Savings Bank Account in the name of the two minors in a Nationalized Bank and directed the petitioner to deposit the terminal benefits of his sister in the fixed deposit and also permitted to withdraw the interest every month for the welfare of the minors. 4. The first respondent credited to State Bank of India, the Family Pension Payable to mother of minors in the year 2002. On 27.05.2008, the first respondent called upon the Bank to release the family pension to the tune of Rs.91,867/- to their account with interest. The first respondent on 17.09.2008 informed the petitioner that the family pension arrears payable to the minorsis under process and the same could be released on production of the guardian certificate. The first respondent did not release the family pension to the minors and they are put to suffering. 5. Though the writ petition is of the year 2009, the respondents have not filed any counter. The learned counsel appearing for the first respondent represented that as per the order dated 16.07.2009 passed by this Court, the amount of Rs.91,867/- was deposited in the name of the minors. 6. 5. Though the writ petition is of the year 2009, the respondents have not filed any counter. The learned counsel appearing for the first respondent represented that as per the order dated 16.07.2009 passed by this Court, the amount of Rs.91,867/- was deposited in the name of the minors. 6. Heard the learned counsel appearing for the petitioners and for the respondents. 7. The minor petitioners are entitled to get family pension, as per the Provisions of Employees Provident Fund Act, on the death of their parents. The first respondent is not releasing the family pension payable to the minors and insisting the petitioner to produce the Guardian Certificate. 8. From the records it is seen that in the earlier writ petition in W.P.No.3429 of 2004, this Court recognized the petitioner as guardian of minors and directed to open Savings Bank Account in a Nationalised Bank in the name of the minors and to deposit the terminal benefits payable by the Educational Authority to the mother of the minors in the fixed deposit and permitted the petitioner to withdraw the interest every month and utilise the same for the benefit of the minors. In view of the earlier order passed in W.P.No.3429 of 2004, there is no necessity for the petitioner to obtain the Guardian Certificate in respect of minors. 9. In view of the above facts, the writ petition is allowed and the first respondent is directed to release the arrears of family pension payable to the minors in the Savings Bank Account opened in the name of the minors as per the orders of this Court. From the pleadings, it is seen that at the time of filing the writ petition, the first petitioner is aged about 14 years and now she is attained majority and the second petitioner is still minor. The first respondent is directed to continue to pay the family pension upto the age of the second petitioner till attaining majority and are eligible to receive family pension. The arrears to be deposited in fixed deposit together with interest at 12% p.a. within eight weeks from the date of receipt of this order. The arrears to be deposited in the fixed deposit together with interest within a period of eight weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is also closed.