IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 4TH FEBRUARY 2009 / 15TH MAGHA 1930 WP(C).No. 32964 of 2008(Y) ------------------------------------- PETITIONER(S): ------------------------- ROHINIKUTTY W/O.LATE EXGS-159151 L PNR ANANDAN, RESIDING AT AJI BHAVANAM, CHINGOLI, ALAPPUZHA DISTRICT. BY ADVS. MR.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN RESPONDENT(S): ------------------------- 1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF ROAD TRANSPORT AND HIGHWAYS, BRDA, B WING, 4TH FLOOR, KASHMIR HOUSE, DHQ PO, NEW DELHI - 110 011. 2. THE DIRECTOR GENERAL BORDER ROADS, SEEMA SADAK BHAWAN RING ROAD, DELHI CANTT, NEW DELHI 110010. 3. THE COMMANDER COMMANDING, 1579 PNR COY, C/O.56APO. 4. THE SENIOR RECORD OFFICER, MADRAS REGIMENT, ABHILEKH KARYALAYA, RECORDS, THE MADRAS REGIMENT PIN - 900458, C/O.56APO. 5. THE CONTROLLER OF DEFENCE PENSION, (PCDS (PENSION), DRAUPATHI GHAT, ALLAHABAD, UP. 6. THE DEFENCE PENSION DISBURSING OFFICER, KOLLAM. 7. THE DEFENCE PENSION DISBURSING OFFICER, KOTTAYAM. R1 – R7 BY ADV. MR.C.S.AJITH PRAKASH, CGC FOR R1-7 SRI.GEORGE JOSEPH, ADDL.CGSC FOR R1 TO 7 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.32964/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE PENSION PAYMENT ORDER ISSUED BY THE 5TH RESPONDENT. P1(A):- COPY OF THE DEATH CERTIFICATE. P2:- COPY OF THE LETTER NO.CF/15915IL/232/E5 DT. 10.1.07 OF THE 3RD RESPONDENT. P3:- COPY OF THE LETTER DT. 3.07 FROM THE 5HT RESPONDENT TO THE 3RD RESPONDENT. P4:- COPY OF THE LR. NO.OF/15915IL/NA/239/E5 DT. 11.4.07 FROM THE 3RD RESPONDENT TO THE PETITIONER. P5:- COPY OF THE LETTER DT. 25.5.07 FROM THE PETITIONER TO THE 3RD RESPONDENT. P6:- COPY OF THE LETTER DT. CF/15915IL/NA/246/E5 DT. 13.7.07 FROM THE 3RD RESPONDENT TO THE PETITIONER. P7:- COPY OF THE LETTER NO.2554820/FP/51/PG-2 DT. 18.9.07 FROM THE 4TH RESPONDENT TO THE PETITIONER. P8:- COPY OF THE CERTIFICATE DT. 15.6.08 ISSUED BY THE LOCAL SNDP YOGAM. P8(A):- COPY OF THE CERTIFICATE DT. 26.9.08 FROM THE GRAMA PANCHAYAT. P8(B):- COPY OF THE CERTIFICATE DT. 25.3.07 FROM THE VILLAGE OFFICE. P9:- COPY OF THE LETTER NO.CF/159151L/NA/273/E5 DT. 22.2.08 OF THE 3RD RESPONDENT. P10:- COPY OF THE LETTER NO.2554820/PP/61/PG-2 DT. 24.3.08 FROM THE 4TH RESPONDENT TO THE 3RD RESPONDENT. P11:- COPY OF THE LETTER NO.CF/159151L/NA/275/ES DT. 11.4.08 FROM THE 3RD RESPONDENT. P12:- COPY OF THE LETTER DT. 22.2.06 FROM THE 6TH RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.32964/2008-Y ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 4th day of February, 2009 J U D G M E N T The main relief sought for in the writ petition is for a direction to the respondents to authorise the family pension of the petitioner's husband with effect from 22/11/2006 either from the fourth or third respondent whichever is more beneficial to the petitioner. The petitioner is the widow of late Sri.Anandan, who is an Ex-serviceman and was in receipt of military pension from the seventh respondent. After his discharge from the Madras Regiment, the fourth respondent sanctioned pension with effect from October 1973. He had obtained re-employment in the General Reserve Engineering Force as a Pioneer in the Group D category. He was discharged from there on 30/09/1995. Ext.P1 is the copy of the pension payment order. He died on 21/11/2006 which is evidenced by Ext.P1A death certificate. He was in receipt of military pension and civil pension. Subsequently, the petitioner had been representing for grant of military family pension. Communications were going on between the respondents in the matter. The issue whether family pension can be claimed from both these sources was being considered. But it depends upon the option to be W.P.(C) No.32964/2008 -:2:- submitted by the claimant. It is in these circumstances and in view of the delay in disbursement of the pension that the petitioner has approached this Court. 2. The learned counsel for the petitioner has produced for perusal a letter dated 13/01/2009 issued during the pendency of this writ petition whereby the petitioner was asked to submit option as to whether she wants to draw family pension from Army side or Civil side. The learned counsel for the petitioner submitted that already the option statement has been forwarded to the sixth respondent pursuant to the above said letter. The same is recorded. The competent authority among the respondents will finalise the action thereon within a further period of two months. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms