IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 18TH DECEMBER 2008 / 27TH AGRAHAYANA 1930 WP(C).No. 13649 of 2004(Y) ------------------------------------- PETITIONER(S): ------------------------ C.V. MARY, AGED 50 YEARS, D/O. LATE C.P. VARGHESE, CHEERAI HOUSE, PARAMPADAM, P.O. AKATHAYOOR, KUNNAMKULAM. BY ADV. SRI.M.L.SURESH KUMAR RESPONDENT(S): ------------------------- 1. THE ACCOUNTANT GENERAL (KERALA) THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF POLICE, KOZHIKODE CITY. 3. SUB TREASURY OFFICER, CHAVAKKAD. GOVERNMENT PLEADER SRI.MUHAMMED ANZAR FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.13649/2004 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE MEDICAL BOARD DT. 28.2.01. P2:- COPY OF THE ORDER DT. 20.7.2000. P3:- COPY OF THE ORDER DT. 20.12.02. P4:- COPY OF THE REPRESENTATION DT. 8.10.03. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. ---------------------------------------------- W.P.(C) No.13649 of 2004 ---------------------------------------------- Dated 18th December, 2008. J U D G M E N T Petitioner is a physically handicapped person. It is seen from Ext.P1 certificate that the disability is 50% and that the disability is on account of dwarfism with stiff knee. Her father, late L.P.Varghese was working as a Head Constable under the second respondent. He retired from service in the year 1962 and expired on 29.8.1970. It is the case of the petitioner that her mother (wife of late L.P.Varghese) had filed an application for family pension, but that was not granted. It is now settled law that grant of family pension does not depend on the date of application for family pension, but the date of the eligibility, viz., the death of the spouse of the applicant. Therefore, the wife of late Varghese is entitled to get family pension with effect from 29.8.1970. Now that the spouse Elachar expired on 15.9.1982, the legal heirs of Elachar, viz., the petitioner and the mentally retarded younger sister are entitled to the arrears of family pension due to Elachar from 29.8.1970 to 15.9.1982. This shall be disbursed in the name of the petitioner within three months WP(C) NO.13649/04 2 from the date of production of a copy of the judgment. The petitioner claims that she is entitled to the pension after the death of the mother on 15.9.1982. The stand taken in the counter affidavit is that the pension can be sanctioned only with effect from the date of Ext.P1 medical certificate regarding disability. There is no dispute that Ext.P1 medical certificate is issued only on 7.4.2000. But it has to be seen that the disability is dwarfism with stiff knee. If as a matter of fact the dwarfism is a congenital disability, there is no justification in denying the eligible family pension to the petitioner with effect from the date of eligibility, viz., 15.9.1982. There will be a direction to the Chairman of the Medical Board for the physically handicapped, District Hospital, Thrissur to examine the petitioner afresh and issue a certificate as to whether the dwarfism consequent on which the petitioner suffers the disability existed congenitally or at any rate, on or before 15.9.1982. This shall be done within one month from the date of production of a copy of the judgment. If it is certified by the Medical Board that the petitioner suffered the disability congenitally or at any rate, on before 15.9.1982, the petitioner WP(C) NO.13649/04 3 shall be entitled to family pension with effect from 15.9.1982. In that event, the eligible family pension shall be disbursed to the petitioner within a period of one month from the date of production of medical certificate from the Medical Board. In the event of any delay beyond the period fixed above, the petitioner will be entitled to interest at the rate of 12% from the date of accrual of the family pension and arrears, and the officers responsible for the delay shall be personally liable for the same. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- W.P.(C) No.13649 of 2004 ---------------------------------------------- J U D G M E N T Dated 18th December, 2008.