IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 29TH OCTOBER 2010 / 7TH KARTHIKA 1932 WP(C).No. 2063 of 2010(G) ------------------------ PETITIONER : ----------------- KUMARI P.S.PRATHIBHA, D/O.LATE SANKARAN SUKUMARAN, PLAMPARAMBIL HOUSE, KUTHIRAPANTHY WARD, ALAPPUZHA - 2. BY ADV. SRI.K.K.SATHISH RESPONDENT(S): ------------------------ 1. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS' DIVISION, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI - 110 003. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT., GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SRI.T.P.M.IBRAHIM KHAN, ASST.S.G OF INDIA R2 BY GOVT. PLEADER SRI. SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 2063 of 2010(G) -2- APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE EXTRACT OF THE CONVICT REGISTER OF CENTRAL PRISON, TRIVANDRUM ALONGWITH A COVERING LETTER ISSUED BY THE SUPDT. DATED 13-11-1972. EXT.P2 : COPY OF THE JUDGMENT DATED 14-8-2007 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO. 28859/2003. EXT.P3 : COPY OF THE ORDER OF SANCTION OF SSS PENSION VIDE FILE NO. 52/CC/K/101/2006-FF(SZ) DT. 30-4-2008 ISSUED BY THE 1ST RESPONDENT. EXT.P4 : COPY OF THE COVERING LETTER DATED 9-6-2008 SENT BY THE PETITONER'S MOTHER TO THE 1ST RESPONDENT. EXT.P5 : COPY OF THE APPICATION SUBMITTED BY THE PETITIONER FOR SSS PENSION DATED 24-8-2009. EXT.P6 : COPY OF THE UNMARRIED CERTIFICATE ISSUED BY THE VILLAGE OFFICER, AMBALAPUZHA DATED 6-4-2009. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 2063 of 2010-G - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of October, 2010. JUDGMENT The petitioner is the unmarried daughter of late Shri Sankaran Sukumaran who had actively participated in the Punnapra Vayalar struggle. Late Sankaran Sukumaran was granted SSS pension as per Ext.P3 order dated 30.4.2008. It appears that before the order was passed, he died on 29.2.2008. Thereafter, his widow and the petitioner jointly sent the identification documents in four sets duly attested by the Tahsildar along with a covering letter dated 9.6.2008. Ext.P4 is the copy of the covering letter. While the matter was pending consideration, the petitioner's mother also died on 17.3.2009. Thereafter, the petitioner filed a fresh application on 24.8.2009 along with all the documents and, a copy of which has been produced as Ext.P5. Ext.P6 certificate issued by the Village Officer showing her unmarried status was also attached along with Ext.P5. For seeking various reliefs, the petitioner has filed this writ petition. 2. Under clause 12 of the Scheme, “in the case of death of a pensioner his/her heirs though otherwise eligible for pension will not automatically succeed to such pension. They shall have to apply afresh with wpc 2063/2010 2 proof of the pensioner and their applications will be considered in terms of the pension scheme.” 3. During the pendency of this writ petition, the Central Government has passed an order dated 19.8.2010 in File No.52/CC/K/27/2010-FF(SZ), Ministry of Home Affairs, whereby the petitioner has been sanctioned dependent family pension at the rate of Rs.1500/- per month from 18.3.2009 onwards plus Dearness Relief. Therefore, the major part of the claim has been satisfied. What remains is the claim for payment of arrears to which the deceased father and mother were entitled to be paid as per Ext.P3. So far no orders have been passed sanctioning the same to the petitioner. 4. Therefore, there will be a direction to the first respondent to pass appropriate orders with regard to the claim for arrears of pension due to the deceased Sankaran Sukumaran pursuant to the order of sanction Ext.P3 dated 30.4.2008 and appropriate orders will be passed and eligible amount will be disbursed to the petitioner within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/