IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 28TH NOVEMBER 2008 / 7TH AGRAHAYANA 1930 WP(C).No. 23037 of 2007(P) ---------------------------------------- PETITIONER(S): ------------------------ K.THANKAMMA, AGED 73 YEARS, W/O. SANKARA PILLAI, MELETHU VEEDU, MUNDELE P.O., VELLANAD, THIRUVANANTHAPURAM. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SRI.R.JAYACHANDRAN RESPONDENT(S): ----------------------------- 1. THE INTELLIGENCE BUREAU, NEW DELHI, REPRESENTED BY ITS DIRECTOR. 2. THE DEPARTMENT OF HOME AFFAIRS, NEW DELHI, REPRESENTED BY ITS SECRETARY. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23037/2007 P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE DTD. 16/10/2006 ISSUED BY TALUK OFFICE, NEDUMANGAD. EXT.P2: COPY OF THE COMMUNICATION DTD. 5/01/2007 RECEIVED BY THE PETITIONER FROM THE RESPONDENT. EXT.P3: COPY OF THE REPRESENTATION DTD. 15/02/2007 SUBMITTED BY THE PETITIONER. EXT.P3(A): COPY OF THE CERTIFICATE DTD. 15/02/2007 ISSUED BY THE TAHSILDAR, NEDUMANGAD. EXT.P4: COPY OF THE COMMUNICATION DTD. 27/04/2007 RECEIVED BY THE PETITIONER. EXT.P5: COPY OF THE CERTIFICATE DTD. 8/02/2007 ISSUED BY THE VELLANDU GRAMA PANCHAYATH. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N.Ravindran, J. ===================== W.P(C).No.23037 of 2007 ===================== Dated this the 28th day of November, 2008. JUDGMENT The petitioner is a senior citizen aged 73 years. Her son late M. Sreekumaran Nair was employed in the Assam Rifles. He was sent on deputation to the Intelligence Bureau and while in service in the Intelligence Bureau he passed away on 30.4.2006. The petitioner thereupon applied to the respondents for payment of family pension. That was rejected by Ext.P2 letter dated 5.1.2007 on the short ground that the petitioner was not wholly dependent on her son when he was alive. The petitioner again moved the respondents and that was rejected by Ext.P4 letter dated 27.4.2007 for the very same reason. In this Writ Petition, the petitioner challenges Exts.P2 and P4 to the extent they decline her request for the grant of family pension and prays for a writ in the nature of mandamus commanding the respondents to grant her family pension from the date of death of her son. 2. The respondents have filed a statement contending inter alia that late M.Sreekumaran Nair was only one among the 10 children of the petitioner, that all the petitioner's children are married and well settled WP(C) 23037/08 -: 2 :- and that the petitioner was not wholly dependent on the deceased employee. The respondents contend that as the petitioner was not wholly dependent on late M.Sreekumaran Nair at the time of his death, she is is not entitled to payment of family pension. 3. As per the instructions issued by the Department of Pension and Pensioners Welfare in Office Memorandum No.45/51/97-P&PW(E) dated 5.3.1998, parents and widowed/divorced daughters whose family income is below Rs.2,550/- per month, are also entitled to payment of family pension. These instructions were issued with the approval of the Ministry of Defence, Department of Expenditure vide their U.O. No.53/E.V/98 dated 29.1.1998. Going by the instructions issued by the Government of India, the petitioner can be denied payment of family pension only if her monthly income exceeds Rs.2,550/-. The respondents have no case either in Ext.P2 or in Ext.P4 or in the statement dated 3.10.2008 filed on their behalf, that the petitioner's monthly income exceeds Rs.2,550/-. The only ground on which the request made by the petitioner for payment of family pension has been declined is that she was not wholly dependent on the deceased employee at the time of his death. In the light of the instructions issued in the Office Memorandum dated 5.3.1988, Exts.P2 and P4 in so far as they decline payment of family pension to the petitioner are quashed and the respondents are directed to take steps to quantify and disburse the family pension to the petitioner with effect from 1.7.2006. Necessary orders in that regard WP(C) 23037/08 -: 3 :- shall be passed within two months from the date of receipt of a certified copy of this judgment. Disbursement of arrears of family pension shall be made within a further period of one month thereafter. P.N.Ravindran, Judge. ess 2/12