IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 WP(C).No. 31532 of 2008(D) -------------------------- PETITIONER: --------------- R.SREELATHA, PARVATHY MANDIRAM, THEKKUMBHAGOM, CHAVARA SOUTH P.O. KOLLAM. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS: --------------- 1. THE EXCISE INSPECTOR, EXCISE RANGE OFFICE, KUTTANAD P.O., ALLEPPEY. 2. THE ASSISTANT EXCISE COMMISSIONER, EXCISE DIVISION OFFICE, ALLEPPEY. 3. THE DISTRICT TREASURY OFFICER, PENSION PAYMENT TREASURY, CIVIL STATION, KOLLAM. 4. ACCOUNTANT GENERAL (A & E) KERALA, TRIVANDRUM. 5. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, TRIVANDRUM. BY SPECIAL GOVT. PLEADER SRI. MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO: 31532 of 2008 ----------------------------- Dated this 27th day of November, 2008 JUDGMENT The petitioner’s father was a Preventive Officer in the Excise Department. After retirement from service he passed away on 7-9-1988. The petitioner was being paid family pension thereafter till she attained the age of 25 years. Thereafter on the ground that she has attained the age of 25 years, payment of family pension was stopped. Later by Ext.P3 Government order dated 31-8-1998, the Government ordered that family pension can be disbursed to unmarried daughters above the age of 25 years also on the unmarried daughter producing a certificate from the Revenue Department to the effect that she was solely dependant on her parents and has no independent income. The petitioner submits that in Ext.P5 certificate dated 19-3-2003, the Village Officer, Thekkumbhagam Village has certified that she was dependant on her father and has no independent source of income. The grievance voiced by the petitioner is that though she has applied for payment of family pension in accordance with Ext.P3 Government order and produced the original of Ext.P5 certificate, family pension has not so far been disbursed. 2. The learned Government Pleader appearing for the respondents submits that the delay in sanctioning and disbursing family pension was due to the fact that the original of the Pension Payment Order has been lost or misplaced. The learned Government Pleader submits that when WPC:31532 OF 2008 2 the petitioner moved the Accountant General by Ext.P8 letter dated 30-9-2004 she was informed that a duplicate copy of the Pension Payment Order will be issued only when either or both the copies of Pension Payment Order are lost and that the pension disbursing authority is competent to issue a duplicate copy of the pension payment order. The petitioner was also advised to apply with requisite documents to the pension sanctioning authority for onward transmission to the Accountant General. The petitioner thereafter submitted Ext.P9 representation to the Assistant Excise Commissioner, Alappuzha, the pension sanctioning authority to issue necessary orders for disbursal of family pension. It is now stated that both the copies of payment order are not traceable and that the pension disbursing authority cannot therefore issue a duplicate copy. In such circumstances, the Accountant General alone can issued a duplicate copy of the pension payment order based on the records available with him. Such being the situation, I dispose of the writ petition with a direction to the Accountant General to issue a duplicate copy of the Pension Payment Order to the petitioner and forward it to the Sub Treasury Officer, the third respondent who shall immediately on receipt of the same forward it to the second respondent. The second respondent shall thereupon issue necessary orders sanctioning family pension to the petitioner based on Ext.P3 Government order. The pension sanctioning authority shall do the needful in the matter within one month from the WPC:31532 OF 2008 3 date on which the duplicate copy of the Pension Payment Order is received by him. The third respondent shall on receipt of the order passed by the second respondent take necessary steps to disburse the arrears of family pension which the petitioner is entitled to and continue to pay the same so long as the petitioner remains entitled to receive the family pension. P.N.RAVINDRAN, JUDGE bps