IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 29TH NOVEMBER 2010 / 8TH AGRAHAYANA 1932 WP(C).No. 34123 of 2010(M) --------------------------------------- PETITIONER(S): ---------------------- P.GEETHA, D/O.V.S.THANKAPPAN PILLAI, SREEPADAM, THONDANKULANGARA WARD, AVALUKUNNU P.O., ALAPPUZHA. BY ADV. SRI.R.AZAD BABU RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF FINANCE, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. SUB TREASURY OFFICER, PENSION PAYMENT SUB TREASURY, ALAPPUZHA-688 001. 3. ACCOUNTANT GENERAL OF KERALA (A&E) OFFICE OF THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM-695 001. R1 TO R3 BY GOVERNMENT PLEADER SRI. MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 34123 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of November, 2010 J U D G M E N T The petitioner is the daughter of late V.S. Thankappan Pillai who died on 02.05.1983, while working as a Peon in the Public Works Department of the Government of Kerala. She was an unmarried daughter at that time. So family pension was sanctioned to her and was being credited in an account with the Treasury maintained for that purpose. She got married on 31.01.2010. According to the petitioner, the account had a balance of about Rs.80,000/- at that time. To defray certain expenses in connection with her marriage, the petitioner issued a cheque for Rs.75,500/- in that account. That was not honoured by the 2nd respondent. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs: “a) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to disburse the pension arrears due to the petitioner accumulated till 31.1.2010” W.P.(C)No. 34123 of 2010 -2- 2. The learned Government Pleader on instructions submits that, as per rules, an unmarried daughter is eligible for family pension only up to 25 years of age, which the petitioner has crossed as early as in 2007. For payment of family pension beyond 25 years of age, the petitioner has to get sanction from the Government producing a certificate certifying that, the petitioner is not having any other source of income. Without noticing the above fact, family pension continued to be credited to the petitioner's account, which was detected only now and that is why the cheque issued by the petitioner was not honoured is his submission. 3. The petitioner submits that, along with Ext.P1 representation, such a certificate was produced. The learned Government Pleader points out that, that was submitted only on 16.04.2010 and therefore it is yet to be considered. In the above circumstances, this writ petition is disposed of with a direction to the 1st respondent to consider the matter and take a decision as to whether the W.P.(C)No. 34123 of 2010 -3- petitioner is entitled to continue payment of family pension till the date of her marriage as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment. In the meanwhile, if in the account of the petitioner, amounts are outstanding till she attained 25 years and if the petitioner issues a cheque for that amount, the same shall be honoured and paid. S. SIRI JAGAN JUDGE shg/