IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 WP(C).No. 19007 of 2009(U) --------------------------------------- PETITIONER(S): ---------------------- COUNCIL OF EX-SERVICEMEN WIDOWS DEFENCE & STATE SERVICE PLENSIONERS, 28/183, VELUTHEDATHKUZHI MEETHAL, NELLIKODE P.O., KOZHIKODE-673 016, REPRESENTED BY ITS CONVENOR. BY ADV. MR.A.RANJITH NARAYANAN MR.S.K. SAJU RESPONDENT(S): ------------------------ 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF DEFENCE, NEW DELHI. 2. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. MR.P.PARAMESWARAN NAIR,ASST.SG. R2 BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.19007 of 2009-U ------------------------------ Dated this the 11th day of August, 2009. J U D G M E N T Heard Sri.Ranjith Narayanan, the learned counsel appearing for the petitioner, Sri.P.Parameswaran Nair, the learned Assistant Solicitor General of India appearing for the first respondent and Smt.Anu Sivaraman, the learned Senior Government Pleader appearing for the second respondent. The petitioner is a registered society representing widows of defence service pensioners. They have filed this writ petition seeking a writ in the nature of mandamus commanding the respondents to take a decision on Ext.P1 representation wherein they have sought an amendment to Rule 13-B of Central Civil Service Pension Rules and also the provisions of the KSR relating to payment of family pension. The pleadings disclose that the Additional Chief Secretary to Government, General Administration Department has forwarded a copy of Ext.P1 to the Secretary, Ministry of Defence, New Delhi along with Ext.P2 letter dated 21.3.2009. Shorn of details, the grievance voiced by the petitioner in Ext.P1 is about the restrictions imposed under Rule 13-B of the Central Civil Services Pension Rules and the stipulations in the KSR barring payment of family pension to widows or sons or daughters of defence W.P(C) No.19007 of 2009-U 2 service pensioners who are in receipt of family pension from other sources. In my opinion it is for the respondents to take a decision in the matter atleast in the first instance. I accordingly dispose of this writ petition with a direction to the respondents to consider the request made by the petitioner in Ext.P1 representation and take a decision thereon expeditiously and in any event within six months from the date on which the petitioner produces a certified copy of this judgment before the respondents. The writ petition is disposed of as above. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab W.P(C) No.19007 of 2009-U 3