IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 1ST JUNE 2009 / 11TH JYAISHTA 1931 WP(C).No. 2350 of 2008(D) ------------------------------------- PETITIONER(S): ---------------------- ALAKKAT KOUSALYA, D/O.LATE KORAN, AGED 75, RESIDING AT ALAKKAT HOUSE, P.O.THOTTADA, KANNUR DISTRICT. BY ADV. MR.V.RAMKUMAR NAMBIAR RESPONDENT(S): ------------------------ 1. THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. 3. K.V. JAYARAJAN, S/O. LATE ANANDAN, AGED 54, EMPLOYED WITH B.S.N.L., "SREYAS", KANAKAVALLI ROAD, P.O., CHOVVA, KANNUR-670 006. R1 & R2 BY GOVERNMENT PLEADER SMT.T.B. REMANY R3 BY ADV. MR.N.NAGARESH MR.K.BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 2350/2008-D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE JUDGMENT OF FAMILY COURT, KANNUR IN O.P.255/2003 DATED 30/09/2004. EXT.P2: COPY OF THE CASE SUMMARY AND DISCHARGE RECORD OF LATE A.PUSHPAJA AT THE MALABAR CANCER CENTRE, THALASSERY DATED 03/05/2005. EXT.P3: COPY OF THE DISCHARGE SUMMARY OF LATE A.PUSHPAJA FROM THE AMRITHA INSTITUTE OF MEDICAL SCHIECNES AND RESEARCH CENTRE, ERNKULAM DATED 20/01/2006. EXT.P4: COPY OF THE REGISTERED WILL EXECUTED BY LATE A.PUSHPAJA IN FAVOUR OF HER MOHTER, THE PETITIONER DATED 15/01/2007. EXT.P5: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 28/03/2007 BEFORE THE HEADMSTER, GOVT. H.S.S, THOTTADA. EXT.P6: COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT DATED 06/08/2007. EXT.P7: COPY OF THE UNDATED ORDER OF THE 1ST RESPONDENT BEARING NO.P.R.2100705044/P.B/1/1254. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.2350 of 2008-D - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of June, 2009. JUDGMENT The dispute herein is between the mother of the deceased, viz. the petitioner and the third respondent who is the husband of the late Smt. A. Pushpaja who was working as High School Assistant (Malayalam), for the disbursement of D.C.R.G. as well as family pension. She died on 28.1.2007 leaving the third respondent and the petitioner as the legal heirs. She was in service for a period of more than 15 years. The petitioner claims that being the mother, she is entitled for the disbursement of these benefits also. 2. Heard learned counsel for the petitioner, learned Govt. Pleader and learned counsel appearing for the third respondent. Going by Rules 67(1) and 85 of Part III K.S.R., the petitioner is not entitled to claim the amounts payable by way of gratuity as well as family pension. In that view of the matter, the third respondent will be entitled to claim the said amount as he is the husband of the deceased. 3. It is fairly submitted by the learned counsel for the third respondent that on disbursal of the amount of gratuity, he is prepared to pay wpc 2350/2008 2 an amount of Rs.50,000/- to the petitioner, being the mother of the deceased. The same is recorded. 4. The second respondent is directed to take appropriate action to release the amount of gratuity as well as to sanction family pension to the third respondent. Appropriate action will be taken within a period of two months from the date of receipt of a copy of this judgment. On getting the amount released, the third respondent will make the payment of Rs.50,000/- to the petitioner as assured before this court without delay and at any rate, within two weeks thereof. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/