IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 19TH JANUARY 2009 / 29TH POUSHA 1930 WP(C).No. 37290 of 2008(L) -------------------------- PETITIONER: --------------- V.S.OMANA, W/O.LATE SATHYAKUMAR R/AT.VELLANI HOUSE NANDHIKARA PO., PUTHUKKAD VIA., THRISSUR. BY ADV. SRI.T.MADHU RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY HOME DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. ADDL.DIRECTOR GENERAL OF POLICE (INTELLIGENCE), THIRUVANANTHAPURAM. 3. ACCOUNTANT GENERAL(A&E), KERALA, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) NO: 37290 of 2008 --------------------------------------------------- Dated this the 19th day of January, 2009 JUDGMENT The petitioner is a widow of late T.Sathyakumar who was an Assistant Sub Inspector of Police. He was due to retire on 31.5.2008. As per Ext.P1 prior to his retirement he was sanctioned the pension at the rate of Rs.6091/- with effect from 1.6.2008. Family pension and other retirement benefits were also sanctioned. He expired on 20.4.2008 before his retirement. There was no liability outstanding to the Government going by Ext.P3, the Non-Liability Certificate. 2. The petitioner has approached this Court seeking for a direction to disburse the retirement benefits of the late husband of the petitioner to her. The petitioner contends that the late husband had nominated her as the nominee to receive the above in the event of his death. The late husband of the petitioner had earlier married one Smt.Omana and as per Ext.P4 judgment the said marriage was legally divorced. It is stated that pursuant to the judgment late husband of the petitioner, vide settlement deed No.2765/2003 of Aryanad SRO bequeathed an extent of 1.1 Acre of property comprised in Re.Sy.No.479/6 of Perumkulam village was in favour of his daughter through his first wife. wpc:37290 of 2008 2 The learned Government Pleader on instructions submitted that already the third respondent has sanctioned various retirement benefits due to the late husband of the petitioner on 4.4.2008 prior to the filing of the writ petition. It is pointed out that the delay in disbursing the retirement benefits to the petitioner is due to the non production of the relevant documents in the matter. The petitioner will submit an application in that regard along with required documents, if any. There will be a direction to the second respondent to see that the due benefits sanctioned will be disbursed to the petitioner within a period of six weeks from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE bps