Swathy Krishnan D/o. Late Radhakrishna Pillai v. State of Kerala
2025-06-09
N.NAGARESH
body2025
DigiLaw.ai
JUDGMENT : N.NAGARESH, J. The petitioner, who is daughter of deceased Radhakrishna Pillai, who was a government servant, has filed this writ petition seeking to quash Exts.P7 to P12 to the extent they decline Dependency Certificate to the petitioner. 2. The petitioner states that her father Radhakrishna Pillai passed away on 17.05.2022 while working under the Health and Family Welfare Department of Government of Kerala. The petitioner was a dependent of the deceased father. In order to obtain employment under the Scheme for employment assistance to the dependents of government servants who die in harness, the petitioner submitted Ext.P7 application dated 22.09.2022 to the 5 th respondent-Village Officer seeking Dependency Certificate. The 5 th respondent sent Ext.P8 report which was adverse to the petitioner. By Ext.P9 letter dated 01.11.2022, the 4 th respondent observed that the petitioner is not a dependent of the deceased. The 5 th respondent thereupon issued Ext.P10 order dated 03.11.2022 holding that the petitioner is not a dependent of the deceased and hence Dependency Certificate cannot be issued to the petitioner. 3. The petitioner filed appeal against Ext.P10 order. The appeal was rejected by the 4 th respondent as per Ext.P11 order dated 17.01.2023. The petitioner preferred a further appeal before the 2 nd respondent which was forwarded to the 3 rd respondent-Sub Collector / RDO. The 3 rd respondent stated that the records produced by the petitioner did not establish that the petitioner is a dependent of her father. The Sub Collector / RDO held that the petitioner is a dependent of her husband. The petitioner is aggrieved by Exts.P7 to P12 orders. 4. The petitioner argued that Ext.P1 Ration Card, Ext.P2 Aadhaar Card, Ext.P3 Voters list, Exts.P3(a) and P3(b) Certificates issued by the Panchayat Member and Booth Level Officer would establish that the petitioner is a dependent of her late father. This Court, in Adarsh K.K. v. State of Kerala [ 2022 (2) KHC 841 ] has held that the mere fact that the petitioner was also dependent on the income of his father cannot be a reason for not issuing Dependency Certificate as for getting a Dependency Certificate, one need not be completely dependent on the deceased. 5. The 4 th respondent resisted the writ petition. The 4 th respondent stated that on enquiry, the Village Officer found that the petitioner is not deserving Dependency Certificate.
5. The 4 th respondent resisted the writ petition. The 4 th respondent stated that on enquiry, the Village Officer found that the petitioner is not deserving Dependency Certificate. The direct enquiry conducted by the Tahsildar also indicated the same. As per the Village Manual, a person can be certified as dependent if he/she does not have enough income or means to live. Ration Card, Election ID, Aadhaar Card, etc. cannot be taken as a valid proof to show that a married woman is dependent on her father. 6. The 4 th respondent further submitted that the GO dated 12.04.2010 extended compassionate appointment to married son/daughter, if they are dependent of the deceased. Local enquiry revealed that the petitioner is not a dependent of the deceased. She became independent of her father, after marriage. Therefore, the application for Dependency Certificate was rejected. 7. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents. 8. It is not disputed that the petitioner was married away on 26.09.2018. The petitioner's husband is a government servant. The petitioner would urge that she returned to her parental home in the year 2019 and thereafter she was depending on her father for survival. The petitioner's father passed away on 17.05.2022. 9. Ext.P1 is the copy of Ration Card, which would show that the petitioner's name was included therein along with the name of the deceased father. Ext.P2 is the Aadhaar Card of the petitioner which bears the address of her father's house. 10. Ext.P3 extract of Voters list would also indicate that the petitioner has been residing in her paternal house. The Ward Member concerned has issued Ext.P3(a) declaration stating that she knows the family for long, that the petitioner had an inter-caste marriage against the will of the family and about 3½ years ago, the father brought the petitioner back to the paternal home and the petitioner has been residing with her father. 11. Ext.P3(b) declaration signed by the Block Level Officer (BLO) would also indicate that the said BLO knows the family and the petitioner was residing with her father. Ext.P7 report states that the petitioner was not entirely dependent on her father. The petitioner had an inter-caste marriage. The Ward Member concerned has stated that the petitioner returned to her paternal home due to certain issues and that too, when she was carrying.
Ext.P7 report states that the petitioner was not entirely dependent on her father. The petitioner had an inter-caste marriage. The Ward Member concerned has stated that the petitioner returned to her paternal home due to certain issues and that too, when she was carrying. The Block Level Officer also has stated that the petitioner has been residing along with the father. Exts.P3(a) and P3(b) have been issued by independent persons, who have close acquaintance with the family. The documentary evidence indicates that the petitioner was residing along with her father in the paternal home. This Court, in the judgment in Adarsh K.K. (supra), in similar circumstances, held as follows: “8. The fact that the petitioner is the brother of late Deepak K.K. is not disputed. The Village Officer has reported that the petitioner was depending his brother Deepak K.K. as well as his father. As long as the petitioner was depending his late brother, the respondents cannot deny dependency certificate. The mere fact that the petitioner was also dependent on the income of his father, cannot be a reason for not issuing the dependency certificate. No Government Order or Rules are brought to the notice of this Court which requires that for issuance of dependency certificate, one should be completely dependent on the deceased.” 12. In the afore facts of the case, Exts.P7 to P12 cannot stand the scrutiny of law. Exts.P7 to P12 are set aside. Respondents 4 and 5 are directed to issue Dependency Certificate to the petitioner if the petitioner satisfies other parameters. The writ petition is disposed of as above.