IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 24243 of 2005(J) ------------------------------------- PETITIONER: ------------------- SALLY GEORGE, D/O. LATE P.M. GEORGE, HEAD VEHICLE SUPERVISOR (RETD. IN 1983), PULIYODIL HOUSE, KOZHANCHERI P.O.,PATHANAMTHITTA. BY ADV. SRI.P.P.SOMAN NAIR RESPONDENTS: ------------------------ 1. K.S.R.T.C., REPRESENTED BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 2. FINANCIAL ADVISOR AND CHIEF ACCOUNTS OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 3. THE ASSISTANT PERSONNEL OFFICER, KERALA STATE ROAD TRANSPORT CORPORATION, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. ADV. SRI.P.PARAMESWARAN NAIR, SC, KSRTC FOR R1 TO R3 SHRI.JOHNSON P.JOHN, SC, KSRTC FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 24243/2005 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE G.O.(P) 2007/98/FIN. DT. 31.8.98. EXT.P2:- COPY OF THE LETTER NO.IA1/P-9-2001/02 DT. 2.6.01 ISSUED TO THE PETITIONER. EXT.P3:- COPY OF THE IA1/P9-99 DT. 10.9.02 W.E.F. 6.9.02 ISSUED TO THE PETITIONER. EXT.P4:- COPY OF THE MEMORANDUM NO.PA13-2003/04 DT. 14.11.03 ISSUED TO THE PETITION. EXT.P5:- COPY OF THE MEMORANDUM NO.PA 13-2004-2004 DT. 23.12.04 ISSUED TO THE PETITIONER. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.24243 OF 2005 --------------------------------------- Dated this the 28th day of August, 2008. J U D G M E N T The benefit of life time family pension to unmarried daughters of deceased employees was introduced in Kerala State Road Transport Corporation with effect from 01.01.2001. According to the learned standing counsel, the same is payable only from the date of application. 2. It is now settled law that the eligibility for family pension accrues on the date of death of the employee. The date of death of the employee is in the year 1998. But the benefit was introduced in KSRTC only from 01.01.2001. Merely because there is belated application, it does not mean that the benefit cannot be given from the date of eligibility. It may be noted that the petitioner is not claiming interest. There is also no case that during the period between eligibility and application, petitioner was not eligible. Therefore, it is declared that the petitioner shall be entitled to eligible family pension with effect from 01.01.2001, the date when the said benefit was introduced in KSRTC. The amount shall be disbursed to the petitioner within a period of three months from the date of production of a copy of this judgment. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp KURIAN JOSEPH, J. W.P.(C) No. 24243 OF 2005 J U D G M E N T 28.08.2008