IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 28TH JUNE 2010 / 7TH ASHADHA 1932 WP(C).No. 3705 of 2010(K) ------------------------- PETITIONER(S): --------------- K.B.MUMTHAS, W/O. LATE MUHAMMED IBRAHIM, AGED 37 YEARS, RESIDING AT NOCHUPARAMBIL HOUSE, ANCHUMOORTHY MANGALAM POST, ALATHUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.JOHNSON P.JOHN SRI.BABY MATHEW RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. ACCOUNTANT GENERAL (A & E), OFFICE OF THE ACCOUNTANT GENERAL, KERALA, M.G.ROAD, THIRUVANANTHAPURAM. 3. THE SUB TREASURY OFFICER, VADAKKENCHERRY, PALAKKAD. GP SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 3705 of 2010 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE JUDGMENT IN W.P.(C).11727/06 EXT.P2- TRUE COPY OF THE PENSION PAYMENT ORDER DATED NIL EXT.P3- TRUE COPY OF THE COMMUNICATION DATED 17.11.09 EXT.P4- TRUE COPY O THE CERTIFICATE DATED 24.1.07 (TRUE COPY) P.A TO JUDGE ANTONY DOMINIC, J ....................... W.P.(C).3705/2010 ....................... Dated this the 28th day of June, 2010 JUDGMENT Petitioner is the second wife of Muhammed Ibrahim and is the mother of a minor son, named Shehin. Muhammed Ibrahim expired on 27.9.2005 while in service. An amount of Rs.1 Lakh which includes family pension and share of DCRG due to the minor son, Shehin, was paid. However by Ext.P3, the 2nd respondent informed that unless a guardian is appointed to the minor son, he will not be paid the balance amount. This was in view of the provisions contained in Note 3 to Rule 118 of Part-III, KSR. It is on the issuance of Ext.P3, this writ petition is filed. 2. Note 3 to Rule 118 of KSR which is relied on in Ext.P3 has been quashed by this Court in Haseena Mansoor v. State of Kerala (2010 (2) KLT 981). Now that the Note has been quashed in the aforesaid judgment, Ext.P3 itself deserves to be quashed and I do so. Respondents are directed to disburse the withheld amount of family pension that is due to the minor son, Shehin, W.P.(C).3705/10 2 through his mother, the petitioner herein, on the production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs