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2019 Supreme(Online)(KER) 41127

HIGH COURT OF KERALA
SHAJI P.CHALY, J
SRI VIMALAN N – Appellant
Versus
SMT RADHAMONY    Advocate -SRI P MOHANDAS (ERNAKULAM – Respondent


JUDGMENT

This writ petition is filed by the petitioner who is entitled to draw family pension consequent to the death of his wife as a High School Assistant in harness on 28.02.2003, seeking to declare that petitioner has not re-married based upon any valid documents as is put forth by the respondents and to quash Ext.P5 report, Ext.P10 order and Ext.P11 notice issued by respondents 1 to 3 respectively, and for other consequential reliefs. Brief material facts for the disposal of the writ petition are as follows:

2. Petitioner is a practising advocate aged 70 years, and drawing family pension on the death of his wife in harness. Petitioner drew his pension till 29.02.2016, up to which time, a self-attested declaration of non-remarriage was only essential to draw family pension. The official respondents demanded a non-remarriage certificate from the concerned Village Officer from March, 2016 onwards. Accordingly, petitioner approached the 1st respondent requesting for issuance of the same. But the Village Officer rejected the application endorsing that, on investigation, it is understood that petitioner is living with a lady, evident from Ext.P1.

3. Under the above circumstances, petit

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