IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE M.L.JOSEPH FRANCIS MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WA.No. 1729 of 2004() --------------------- AGAINST THE JUDGEMENT IN OP.15357/1998 Dated 29/11/2001 .................... APPELLANT(S): PETITIONER ------------------------ SEETHA THACHAN, W/O.KUNHI RAMAN, AGED 76 YEARS, SEETHARAM VILLA, MADAYI P.O., PAYANGADI, KANNUR-670 304. BY ADV. SRI.MAHESH V RAMAKRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE COMMISSIONER AND SECRETARY (FINANCE) FINANCE (PENSION-C) DEPARTMENT, THIRUVANANTHAPURAM. 2. ACCOUNTANT GENERAL (A&E), KERALA, THIRUVANANTHAPURAM. 3. THE SURVEY DIRECTOR, BOARD OF REVENUE (SURVEY), THIRUVANANTHAPURAM. 4. THE ASSISTANT DIRECTOR, RE-SURVEY, KANNUR. BY GOVERNMENT PLEADER SHRI. MOHAMMED FAZIL THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. BALAKRISHNAN NAIR & M.L. JOSEPH FRANCIS, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1729 of 2004 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of March, 2009 JUDGMENT Balakrishnan Nair, J. The petitioner in the Original Petition is the appellant and the respondents are the respondents herein. 2. The appellant's son was a Government servant. He died in harness on 1.8.1992. He was unmarried at the time of his death. The appellant was getting family pension of Rs. 362/- per month on the death of her husband, who was a service pensioner. Even such persons receiving family pension are eligible to get family pension, under Rule 90 (6A) of Part III of the Kerala Service Rules (K.S.R.). The only condition is that their income shall not exceed the prescribed limit and they should not be receiving family pension in relation to the death of another son/daughter. 3. It is common case that the appellant was eligible to get family pension on the death of her son. The income limit which W.A.No. 1729 of 2004 2 was Rs.2,400/- per annum has been increased to Rs.4,800/- per annum with effect from 1.1.1997. So, the appellant became eligible to get family pension from that date. Since the appellant was not paid any family pension under Rule 90 (6A) of Part III K.S.R., she approached this Court. This Court, by judgment dated 29.11.2001, ordered to grant family pension to her with effect from 1.1.1997. 4. According to the appellant, she is eligible to get family pension from 1.8.1992. The income from family pension should not be treated as part of her income, when Income Certificate is issued by the competent authority like the Village Officer. This is evident from Ext.P5 Government Order. When the said Government Order was brought to the notice of the Village Officer, the said Officer has issued Ext.P6(a) Income Certificate, which shows that she did not have any income. As per the first certificate, a copy of which is Ext.P6, her income from family pension is Rs.4,344/- Based on Ext.P6(a) certificate, the appellant claims family pension from 1.8.1992. But the respondents submit that Ext.P5 Government Order cannot be pressed into service for grant of family pension. It is a general Government Order, concerning grant of Income Certificate by the Revenue officials. W.A.No. 1729 of 2004 3 5. For getting family pension, the appellant has to produce an Income Certificate from the Village Officer. The Village Officer is bound by Ext.P5 Government Order. Therefore, he has rightly issued Ext.P6(a) Income Certificate. Going by Ext.P6(a), the appellant was eligible to get family pension from 1.8.1992. 6. In view of the above position, the Writ Appeal is allowed. It is declared that the appellant is entitled to get family pension from 1.8.1992. To that extent, the judgment under appeal is modified. The arrears of pension payable to the appellant, as a result of this judgment, shall be released to her within three months from the date of production of a copy of this judgment (K. BALAKRISHNAN NAIR) Judge (M.L. JOSEPH FRANCIS) Judge tm