IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 8TH JULY 2009 / 17TH ASHADHA 1931 WP(C).No. 3363 of 2009(A) ------------------------------------- PETITIONER: ------------------- GAYATHRI DEVI.K.V.,AGED 15, MINOR, REP; BY GUARDIAN, USHA.T.N, V.S.R.A-59,THARAYIL HOUSE, (NEAR VENNALA LENIN CENTRE),VENNALA.P.O, KOCHI-28. BY ADVS. SMT.VARSHA BHASKAR, MR.S.PRASANTH (AYYAPPANKAVU). RESPONDENTS: ------------------------ 1. LILLY JONADAS,KARIPPARAMBIL HOUSE, NEAR SEMITHERIMUKKU, CHITTOR ROAD, KOCHI-18. 2. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001 3. THE COMMISSIONER OF LAND REVENUE, THIRUVANANTHAPURAM. 4. THE ACCOUNTANT GENERAL(A&E),KERALA, THIRUVANANTHAPURAM. 5. THE DISTRICT TREASURY OFFICER, DISTRICT TREASURY, KAKKANAD, ERNAKULAM. R1 BY ADV. MR.M.SASINDRAN, R2 TO R5 BY GOVT. PLEADER MR. ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.3363/2009-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE BIRTH CERTIFICATE DTD 18/10/1996 OF THE PETITIONER. EXT.P.2: COPY OF THE PENSION PAYMENT ORDER ISSUED BY THE R.4. EXT.P.3: COPY OF THE REPRESENTATION DTD.08/2008 TO THE R.2. EXT.P.4: COPY OF THE LETTER DTD. 08/09/2008 OF THE R.4. TO THE PETITIONER. EXT.P.5: COPY OF THE LETTER DTD. 24/10/2008 24/10/2008 OF THE PETITIONER TO THE R.4. EXT.P.6: COPY OF THE REMINDER OF THE PETITIONER TO THE R.4. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.3363 of 2009 -------------------------------------- Dated 8th July, 2009 JUDGMENT The petitioner is the daughter of late G.Vijayan who retired from service on 30.9.1989 while he was working as Deputy Collector. He passed away on 22.6.2009. The first respondent is the legally wedded wife of late G.Vijayan. The petitioner's mother is the second wife of late G.Vijayan. As the legally wedded wife of late G.Vijayan, the first respondent is receiving family pension. This writ petition is filed contending that as one among the legal heirs of the pensioner, the petitioner is also entitled to a share in the family pension. 2. When this writ petition came up for hearing on 29.6.2009, this Court passed the following order: “After hearing the learned counsel appearing on both sides, even while upholding the claim of the first respondent and her entitlement for family pension, I am of the opinion that the first respondent should pay to the petitioner, a minor girl, a reasonable amount towards her upkeep and maintenance. The first respondent is therefore directed to file a counter affidavit setting out the amount which she can pay to the petitioner every month without fail so long as she is receiving family pension as the wife of late G.Vijayan. Affidavit as directed above shall be filed within a week from today.” WP(C).No.3363/2009 2 3. The first respondent has in terms of the directions issued by this Court sworn to an affidavit dated 1.7.2009. Paragraph 2 thereof reads as follows: “It is submitted that though the amount being received as family pension is not even sufficient to meet the expenses including the huge medical expenses being met by this deponent regularly for surviving, in view of the direction issued by this Hon'ble Court to file an affidavit stating whether any amount could be paid to the petitioner monthly, on humanitarian consideration, this deponent state that, an amount ranging from Rs.500/- to Rs.1000/- could be paid by this deponent to the petitioner monthly out of the family pension being received on humanitarian consideration. This offer is being made not because this deponent is able to part with that much amount nor that the petitioner is entitled to get the amount, but on humanitarian consideration.” 4. In my opinion, in the light of the offer made by the first respondent in paragraph 2 of the affidavit, first respondent should pay the sum of Rs.1000/= per mensem to the petitioner, commencing from July, 2009 onwards. In other words, from the family pension received by the first respondent for the month of July, 2009 onwards she shall pay to the petitioner, the sum of Rs.1000/-. Such payment shall be made within one week from the date on which the first respondent draws family pension. Payment in the aforesaid manner WP(C).No.3363/2009 3 shall be made every month so long as the first respondent is in receipt of family pension from the State Government. If the first respondent commits default in paying the petitioner the sum of Rs.1000/= as directed above, it will be open to the petitioner to move this Court by filing an appropriate application in the very same writ petition itself. Payment as directed above need be made only till the petitioner gets employment or marries. The writ petition is disposed of with the above directions. P.N.RAVINDRAN Judge TKS