IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 30TH NOVEMBER 2011 / 9TH AGRAHAYANA 1933 WP(C).No. 18300 of 2011(J) --------------------------------------- PETITIONER(S): ------------------------ USHA GOPI, AGED 60 YEARS, W/O.LATE S.GOPI, T.C.NO.76/777, PULICKAL HOUSE, KADAVOOR, ANAYARA, TRIVANDRUM. BY ADV. SRI.SANU.S.PANICKER RESPONDENT(S): ------------------------- 1. ACCOUNTANT GENERAL ( A & E), KERALA, THIRUVANANTHAPURAM DISTRICT-695 001. 2. SUB TREASURY OFFICER, VANCHIYOOR, THIRUVANANTHAPURAM-695 102. 3. THE COMMISSIONER OF POLICE, THIRUVANANTHAPURAM-695 001. 4. STATE OF KERALA, REP. BY ITS SECRETARY, REVENUE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001. 5. TAHSILDAR, O/O.THE TAHSILDAR, TRIVANDRUM-695 001. BY GOVT. PLEADER MR.JOSE ADIYODI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 18300 of 2011(J) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE JUDGMENT DATED 20/03/2007 IN WP(C) NO. 9362 OF 2007 (M) OF THIS HONOURABLE COURT. EXT.P2 COPY OF THE INTIMATION DATED 12/06/2007 GIVEN BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P3 COPY OF THE COMMUNICATION MADE BY THE 3RD RESPONDENT HEREIN TO THE 1ST RESPONDENT. EXT.P4 COPY OF THE JUDGMENT DATED 30/12/2010 PASSED BY THE FAMILY COURT, THIRUVANANTHAPURAM IN O.P. NO. 220/2008. EXT.P5 COPY OF THE REPRESENTATION DATED 01/06/2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENTS. EXT.P6 COPY OF THE REPRESENTATION DATED 01/06/2011 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT. EXT.P7 COPY OF THE COMMUNICATION DATED 08/07/2011 FROM THE 1ST RESPONDENT TO THE 3RD RESPONDENT. EXT.P8 COPY OF THE NOMINATION SUBMITTED BY MY DECEASED HUSBAND NOMINATING THE PETITIONER AS HIS WIFE AND LEGAL HEIR FOR ACCEPTING THE SERVICE BENEFIT. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs K.SURENDRA MOHAN, J = = = = = = = = = = = = = WP(C).No.18300 of 2011-J. = = = = = = = = = = = = = Dated this the 30th November, 2011. J U D G M E N T The petitioner is a widow of late S.Gopi, who expired on 25.6.1997 while working as a Police Constable. As the wodow of late Gopi, she was paid family pension till December, 2004. From January, 2005 onwards, she has not been paid family pension on the allegation that she was not the legally wedded wife of late Gopi. The petitioner, thereupon, approached the Family Court, Thiruvananthapuram by filing OP.No.220/2008. As per judgment dated 30.12.2010, the petitioner has been found to be the wife of late Gopi. 2. Ext.P4 is the said judgment containing the following declaration: “In the result, the O.P. stands allowed declaring the petitioner/Usha Gopi residing at T.C.76/777 Pulickal House, Kudavoor, Anayara, Thiruvananthapuram Taluk as the legally wedded wife of deceased S.Gopi.” WP(C).No.18300/2011-J. 2 3. In the light of the above authoritative pronoucement that has become final, there need not be any doubt that the petitioner is the legally wedded wife of late S.Gopi. However, in spite of Ext.P4 and her representations Exts.P5 and P6, the petitioner complains that she has not beeen paid her family pension till date. The petitioner, therefore, seeks the issue of appropriate directions for the grant of family pension to her. 4. I have heard the learned Govt.Pleader also. 5. In view of the authoritative pronouncement in Ext.P4, there is absolutely no justification for the petitioner to be denied the family pension that is legitimately due to her, in her capacity as the widow of a police constable. Therefore, the petitioner is entitled to succeed. 6. In the result, (i) This writ petition is allowed. (ii) There shall be a direction to the first respondent to disburse to the petitioner the family pension due to her on account of the WP(C).No.18300/2011-J. 3 death of her husband S.Gopi, police constable who died on 25.6.1997. (iii) The petitioner shall also be paid the entire arrears of family pension due to her from January, 2005 onwards, with interest. (iv) The family pension and other amounts shall be paid as expeditiously as possible and at any rate within a period of three weeks from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, (Judge) Kvs/-