The petitioner is the hapless widow of the employee admittedly covered under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 [for brevity “EPF Act”] and the Employees' Pension Scheme, 1995 [for brevity “the Scheme”]. The petitioner, on the death of her husband, was left to fend for herself and two minor children. The petitioner had applied for Family Pension as provided under the Scheme, to which Exhibit P5 communication has been issued by the 1st respondent. By Exhibit P5, the 1st respondent insisted that a Guardianship Certificate of the children from the Competent Authority and the description roll of the children should be produced.
2. The certificate directed to be produced, definitely, is under the Guardian and Wards Act, 1890 [for brevity “G&W Act”], being a Guardianship Certificate issued by the District WP(C).No.31851 of 2013 - 2 -
Court having jurisdiction over the area in which the petitioner resides. Admittedly no such certificate has been produced. The petitioner relies on a judgment of this Court in Jince Mary Johns v. K.P.Johny and another [2011 (4) KHC 343] to contend that as natural guardian, a mother is entitled to act for the minor even without the Guardianship Certificate issued under the G & W Act.
3. The petitioner has produced the Legal Heirship Certificate, at Exhibit P6. The Legal Heirship Certificate indicates only the petitioner, her children and the father and mother of the deceased employee, a legal heirs of the deceased. As per paragraph 16(5) of the Scheme, pension is eligible to the “immediate family” comprising of the wife and children. The father and mother having no claim under the Scheme; the petitioner is the only person who can validly make a pension claim under the Scheme.
4. The petitioner herein is the mother and the only parent surviving, of the minor children. The authoritative pronouncement in Jince Mary Johns (supra) would show that WP(C).No.31851 of 2013 - 3 -
biological parents have always been recognised as natural guardians. None other can be interested more in the welfare of the minors and the family pension under the Scheme is intended at sustenance of the bereaved family, who is deprived of their only source of livelihood. In the above circumstance, following the afore-cited precedent, it is directed that the pension application shall be processed even without the Guardianship Certificate. The same shall be done within a period of one month from today and the entire arrears disbursed within one month thereafter, along with regular pension.
The writ petition is disposed of as above. No costs.
vku.
Sd/- K.Vinod Chandran, Judge ( true copy )