IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 WP(C).No. 33703 of 2009(G) ---------------------------------------- PETITIONER(S): ------------------------ JAYASREE, W/O.K. SUSEELAN (RETIRED AS ASI OF POLICE, MANNAR POLICE STATION) PRESENTLY RESIDING AT VALUPARAMBIL HOUSE, VENMANY POST, CHENGANNUR, ALAPPUZHA DISTRICT,PERMANENTLY RESIDING AT VAYANAKAPPALLI TARAYIL HOUSE, NJAKKANAL.P.O, KRISHNAPURAM, KAYAMKULAM BY ADV. SRI.R.O.MUHAMED SHEMEEM SMT.NASEEHA BEEGUM P.S. RESPONDENT(S): ---------------------------- 1. THE SUPERINTENDENT OF POLICE, ALAPPUZHA. 2. THE SR. ACCOUNTS OFFICER, (OFFIC OF THE ACCOUNTANT GENERAL), (A & E), KERALA, THIRUVANANTHAPURAM - 695 039. 3. THE ACCOUNTS OFFICER, DISTRICT/SUB TREASURY OFFICER, KAYAMKULAM. 4. SMT. KUMARI, PERUMBALATHTHARAYIL, MEKKANAL POST, KRISHNAKAPURAM, KAYAMKULAM. R1 TO R3 BY GOVERNMENT PLEADER SRI.SMITHA SUKUMAR R4 BY ADV. SRI.M.V.THAMBAN SRI.R.REJI SRI.B.BIPIN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.33703/2009 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PENSION PAYMENT ORDER NO.36656707 DATED 24/07/2007 ISSUED BY THE OFFICE OF ACCOUNTANT GENERAL A & B. P2 COPY OF THE DEATH CERTIFICATE IS ISSUED BY THE REGISTRAR DATED 07/08/2008. P3 COPY OF THE IMPUGNED COMMUNICATION DATED 30/07/2007 ISSUED BY THE 3RD RESPONDENT STOPPING PENSION. P4 COPY OF THE ORDER DATED 12/06/1996 IN OP (HMA)NO.17/94 OF SUB JUDGE, MAVELIKARA. P5 COPY OF THE RATION CARD NO.1420005096 ISSUED BY TALUK SUPPLY OFFICER. P6 COPY OF THE IDENTITY CARD ISSUED BY THE ELECTORAL REGISTRATION OFFICER. P7 COPY OF THE VOTERS LIST OF KAYAMKULAM ASSEMBLY CONSTITUENCY. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 33703 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of April, 2011 J U D G M E N T The petitioner is the wife of late K. Suseelan who retired from Government service as an Assistant Sub Inspector of Police. The petitioner's husband Sri. Suseelan expired on 08.07.2008. At the time of sanctioning of pension, Sri. Suseelan had nominated the petitioner for the purpose of receiving arrears of pension and family pension. After the death of Suseelan, the petitioner was sanctioned family pension and she received family pension on 01.08.2008. But in the meanwhile the petitioner was informed by the 3rd respondent that since the 4th respondent has laid a claim for family pension as the wife of Suseelan, the family pension is being discontinued. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs: “i) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents no.1 to 3 pay the pension as per Exhibit-P1 Pension Payment W.P.(C)No. 33703 of 2009 -2- order to the Petitioner and quash Exhibit-P3. ii) to declare that the petitioners is the only person entitled to get the pension and other benefits which her husband is competent to receive.” 2. The petitioner's contention is that the 4th respondent was divorced by late Suseelan as per Ext.P4 order of the Sub Judge, Mavelikkara in O.P. (HMA) 17/94, which order is dated 12.06.1996 and from 12.06.1996 onwards, the 4th respondent ceased to be the wife of Suseelan and therefore the petitioner is the only legally wedded wife of Suseelan entitled to receive family pension in respect of the service of Suseelan. 3. Only the 1st respondent has chosen to file a counter affidavit. The 4th respondent has not filed any counter affidavit. As such the contention of the petitioner that the 4th respondent was divorced by late Suseelan as per Ext.P4 order stands uncontroverted. That being so, from 12.06.1996 onwards, the 4th respondent ceased to be the wife of late Suseelan. Family pension is payable only to the widow of a deceased Government servant. As such, as on W.P.(C)No. 33703 of 2009 -3- the date of the death of Sri. Suseelan the petitioner was the only legally wedded wife of Suseelan and therefore she alone is entitled to receive family pension. Therefore Ext.P3 is quashed. The respondents 1 to 3 are directed to see that the family pension due to the petitioner is paid every month as per Ext.P1 order. Arrears shall be paid as expeditiously as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment. The writ petition is allowed as above. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/