IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 WP(C).No. 7795 of 2006(C) ------------------------- PETITIONER(S): --------------- T.J. ANNA, W/O. LATE M.P. THOMAS, `EBENEZER', THEVARUPARAMBU, KAMOTH, PANANGAD, ERNAKULAM. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SMT.C.V.RAJALAKSHMI SRI.K.K.RAJEEV RESPONDENT(S): --------------- 1. THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, VELLAYAMBALAM, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER, KERALA WATER AUTHORITY, PUBLIC HEALTH DIVISION, PALLIMUKKU, ERNAKULAM, KOKCHI-16. 3. THE ASSISTANT EXECUTIVE ENGINEER, WATER WORKS SUB DIVISION, KERALA WATER AUTHORITY, PALLIMUKKU, ERNAKULAM, KOCHI-16. ADV. SRI.J.KRISHNA KUMAR, SC, KWA FOR R1 TO 3 SMT.AMBIKA DEVI, SC, KWA FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 7795 of 2006 ================== Dated this the 6th day of September, 2011 J U D G M E N T On conviction by a criminal court, the husband of the petitioner, who was an employee of the Kerala Water Authority, was dismissed from service. The petitioner's husband filed an appeal against the order of the criminal court convicting him. While that appeal was pending, the petitioner's husband died and the appeal was closed as abated. The petitioner has filed this writ petition seeking terminal benefits and family pension. Insofar as the husband of the petitioner has been dismissed from service for having been convicted in a criminal case and that conviction has not so far been set side by any court, unless the petitioner takes appropriate steps to see that the conviction is set aside by a process known to law, the petitioner cannot now seek terminal benefits of her husband and family pension insofar as the petitioner's husband ceased to be an employee of the Kerala Water Authority having been dismissed from service on account of the conviction by the criminal court. Therefore, without prejudice to the right of the petitioner to seek appropriate remedies to get the conviction set aside and then to seek further reliefs, this writ petition is closed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2