IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 WA.No. 1216 of 2010 --------------------- AGAINST THE ORDER IN WPC.6277/2010 Dated 16/06/2010 .................... APPELLANT/4TH RESPONDENT --------------------------------- ANOOP.A., NADAYIL KIZHAKKETHIL, MUZHANGODI, KALLELIBHAGOM, THODIYOOR P.O., KARUNAGAPPALLY, PIN-690 568. BY ADV. SRI.J.JULIAN XAVIER SRI.FIROZ K.ROBIN RESPONDENTS/PETITIONERS 1 & 2 & RESPONDENTS 1 TO 3 ------------------------------------------------------------------- 1. ATHIRA S.BABU (MINOR), AGED 12 YEARS, REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SHYLAJA BEEGUM.S.,@ SHYLAJA BABU, KALEESSERIL, PAYIKUZHY, OACHIRA P.O., KOLLAM DISTRICT - PIN 690526. 2. ARATHY S.BABU, (MINOR),AGED 12 YEARS, REPRESENTED BY HER MOTHER AND NTURAL GUARDIAN SHYLAJA BEEGUM.S.,@ SHYLAJA BABU, KALEESSERIL, PAYIKUZHY, OACHIRA P.O., KOLLAM DISTRICT- PIN 690526. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - PIN 695 001. 4. THE COMMISSIONER FOR RURAL DEVELOPMENT, L.M.S.COMPOUND, THIRUVANANTHAPURAM- PIN- 695 033. 5. THE ACCOUNTANT GENERAL OF KERALA (A &E), THIRUVANANTHAPURAM, PIN- 695 039. R1 & R2 BY ADV.SRI.S.P.ARAVINDAKSHAN PILLAY R3 TO R5 BY SR.GOVERNMENT PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.N.Ravindran, J. ------------------------------------------ W.A. No.1216 of 2010 ------------------------------------------ Dated this the 16th day of July, 2010 JUDGMENT J.Chelameswar, C.J. Aggrieved by an interim order dated 16th June, 2010 in W.P.(C) No.6277 of 2010, the 4th respondent therein preferred the instant writ appeal. 2. The writ petitioners who are respondents 1 and 2 herein are the minor children of the father of the appellant through a lady described as Shylaja Beegam who is not a party to the instant writ appeal. The father of the appellant died in harness while he was working as U.D.Clerk in the Block Development Office at Oachira in Kollam District. Thereafter the appellant herein filed a suit, O.S.No.196 of 2009, before the Subordinate Judge, Kollam essentially seeking a declaration that only the appellant and respondents 1 and 2 herein are the legal heirs of the deceased K.S.Babu Vijayanath and for other reliefs. It may be mentioned W.A. No.1216 of 2010 - 2 - here that no declaration as such is sought that the marriage of the mother of respondents 1 and 2 herein with the deceased was an illegal marriage. 3. Respondents 1 and 2 herein filed the abovementioned writ petition before this Court the details of which may not be necessary for the present purpose. However, during the pendency of the writ petition, they sought an interim direction to the State of Kerala to disburse the family pension to them under Rule 90(6) of the Kerala Service Rules. By the order under appeal, a learned Judge of this Court did grant such an interim order. We fail to understand the grievance of the appellant as even according to the appellant, respondents 1 and 2 in whose favour the order under appeal was passed, are admittedly minors and the legal heirs of the deceased K.S.Babu Vijayanath, the father of the appellant and respondents 1and 2, in which case under Rule 90(6) of Part III Kerala Service Rules respondents 1 and 2 are clearly entitled for payment of family W.A. No.1216 of 2010 - 3 - pension and the appellant who is admittedly more than 25 years of age is not entitled for the same. In the circumstances, we are of the opinion that this appeal is wholly misconceived. The writ appeal is dismissed at the admission stage. J.Chelameswar, Chief Justice P.N.Ravindran, Judge vns