IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 24374 of 2008(B) -------------------------- PETITIONER: ------------ PARAMU, AGED 87, S/O.PAPPAN, THEKKEVILA VEEDU, PLAKKAD, ADICHANALLUR P.O., ADICHANALLUR VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.V.VENUGOPALAN NAIR SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENTS: ------------- 1. STATE OF KERALA-REPRESENTED BY SECRETARY, DEPARTMENT OF FINANCE (PENSION PAYMENT WING), THIRUVANANTHAPURAM. 2. ACCOUNTANTS GENERAL, KERALA, OFFICE OF THE ACCOUNTANTS GENERAL, THIRUVANANTHAPURAM. 3. DIRECTOR OF TREASURIES, OFFICE OF THE DIRECTORATE OF TREASURIES, THIRUVANANTHAPURAM. BY GOVT. PLEADER SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.24374 of 2008 B -------------------------------------- Dated this the 13th day of August, 2008. J U D G M E N T Petitioner's daughter, P.Valsala, was working as High School Assistant (Malayalam) in Government High School, Uliyanadu, Chathannoor in Kollam District. Valsala died on 8.10.2002 while in service. Prasannan is the husband of Valsala. There are no issues in that wedlock. According to the legal heirship certificate issued by the Tahsildar, Kollam, Prasannan and the petitioner are the only legal heirs of Valsala. It is stated that family pension was sanctioned in favour of Prasannan, the husband of Valsala. It is stated that Prasannan re-married and a child was also born in that wedlock. Petitioner is aged 87 years and according to him, he is suffering from various diseases. Prasannan has made Ext.P2 series representations to the Government, Accountant General and Director of Treasuries, stating that the family pension sanctioned in his favour may be granted to the petitioner considering his age and impecunious circumstances. Ext.P2 series representations have not been disposed of so far by any of the persons to whom they were addressed. 2. The reliefs prayed for in the Writ Petition are the following:- WP(C) No.24374/2008 2 “i) issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to take immediate steps to release forthwith the family pension arising out of the death of his daughter Valsala who was working as High School Assistant in Government High School, Puliyanad, Kollam district, to the petitioner herein on the basis of the request made by her husband vide Exhibit - P2 series. ii) to grant any other appropriate relieves that this Hon'ble Court may deem fit and proper considering the nature and circumstances of the case.” 3. The learned counsel for the petitioner submitted that if the petitioner is allowed to receive the family pension at least on behalf of Prasannan, presently, that would serve the purpose. Learned counsel for the petitioner submits that if the prayer in Ext.P2 series is not found acceptable, at least permission can be granted to the petitioner to receive the family pension on behalf of Prasannan. The necessary consent letter signed by Prasannan also will be produced before the authorities. The only relief, for the time being, pressed by the petitioner is for a direction to the first respondent to dispose of Ext.P2 series representations submitted by Prasannan, requesting to disburse WP(C) No.24374/2008 3 the family pension in favour of the petitioner. Learned Government Pleader submitted that the first respondent will pass appropriate orders in Ext.P2 series representations without delay. In the facts and circumstances of the case the Writ Petition is disposed of directing the first respondent to consider and dispose of Ext.P2 series representations, as expeditiously as possible and at any rate within a period of two months. It is made clear that the petitioner can submit detailed representation to the first respondent in support of Ext.P2 series representations and he would be entitled to produce such other materials and documents in support of his contentions. The petitioner would also be free to place reliance on Rule 129 Part III of the Kerala Service Rules provided Shri Prasannan also agrees to the same. Needless to say that appropriate orders would be passed by the first respondent taking into account the facts and circumstances of the case in which the parties are placed and the relevant rules under Part III of the Kerala Service Rules. K.T. SANKARAN, JUDGE. cks