IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933 WP(C).No. 36324 of 2010(M) ---------------------------------------- PETITIONER(S): -------------------- THANKAMMA, AGED 70 YEARS W/O. MADHAVAN ACHARI, KODIKKAL VEEDU, P.O.KUMILY, IDUKKI DISTRICT. BY ADV. SRI.ESM.KABEER RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001. 3. THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI. 695 001. 4. THE ACCOUNTANT GENERAL (A&E), THIRUVANANTHAPURAM-695001. BY GOVT. PLEADER SMT.RANI DIOTHIMA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.36324/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE TREASURY OFFICER, DATED. 21.7.89. P2:- COPY OF THE COMMUNICATION ISSUED BY THE 4TH RESPONDENT DTD. 21.9.89. P3:- COPY OF THE APPLICATION FORWARDED THE BY THE HEADMASTER GOVERNMENT HIGH SCHOOL, ADIMALI TO THE 3RD RESPONDENT 16.10.89. P4:- COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DTD. 4.10.08. P5:- COPY OF THE DEATH CERTIFICATE OF THE PETITIONER'S HUSBAND. P6:- COPY OF THE JUDGMENT IN WPC. NO.37473/09. P7:- COPY OF THE G.O.P. NO.146/86/FIN. DTD. 11.2.1986. P8:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P9:- COPY OF THE ACKNOWLEDGEMENT CARD. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 36324 of 2010-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of June, 2011. JUDGMENT The petitioner who is the widow of late Shri Madhavan Achari, is seeking for a direction for sanction and disbursement of family pension for the period prior to 24.7.2007. The petitioner has been representing various authorities for getting family pension and finally, pursuant to the direction issued by this Court in Ext.P6 judgment, family pension was sanctioned. 2. It is pointed out in the writ petition that it was sanctioned only for the period from 24.7.2007 to 31.5.2009 and a total amount of Rs.74,809/- was released. The present claim of the petitioner is based on Ext.P7 Government Order, viz. G.O.(P) No.146/86/Fin. dated 11.2.1986, whereby the benefit has been extended to families of Government employees who retired or died before 1.4.1964 or are otherwise not covered by the Family Pension Scheme of 1964. The contention raised by the petitioner is that since the petitioner's husband passed away on 5.8.1953 and the family pension granted is only from 24.7.2007, the arrears have been denied to her. Seeking for grant of appropriate relief, the petitioner has filed Ext.P8 representation before the Director of Public Instruction. Ext.P9 is the wpc 36324/2010 2 acknowledgment card evidencing the receipt of Ext.P8. Since no action is being taken on it, this writ petition has been filed. 3. This Court, at this stage, is not considering anything on the merits of the matter, since Ext.P8 is pending before the second respondent. Therefore, there will be a direction to the second respondent to take a decision on Ext.P8 representation after hearing the petitioner, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/