IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 5888 of 2008(A) ------------------------------------- PETITIONER: ------------------- C.GANGADHARAN NAIR, CHERIYANATH HOUSE, P.O.PALERI TOWN, VIA KUTTIADI, KOZHIKODE DISTRICT. BY ADV. SRI.K.A.SALIL NARAYANAN. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (A & E), THIRUVANANTHAPURAM. 3. THE ASSISTANT EDUCATIONAL OFFICER, CHAVAKKAD P.O., THRISSUR DISTRICT. 4. THE HEADMASTER, SARASWATHI VILASAM AIDED L.P.SCHOOL, KAPPIYOOR P.O., THOZHIYOOR, THRISSUR DISTRICT. R1 TO R3 BY GOVERNMENT PLEADER SRI. RAVIKRISHNAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.5888/2008-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE G.O. P.126/97/G. EDN. DTD. 11/04/1997. EXT.P.2: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO REVISE THE PENSION IN THE LIGHT OF THE ABOVE G.O. EXT.P.3: LEGAL HEIRSHIP CERTIFICATE. EXT.P.4: LETTER FROM THE PETITIONER TO THE R.2. DTD. 03/12/2007. EXT.P.5: REPLY FROM THE R.3. TO THE PETITIONER DTD. 21/1/2008. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.5888/2008 ----------------------------------------------------------- Dated this the 2nd day of December, 2008 JUDGMENT Petitioner is claiming the benefit of Ext.P1 Government Order, in respect of his deceased mother, who was a teacher. 2. Petitioner's mother retired on 31.3.1969 and expired on 6.12.1998. Meanwhile, on 11.4.97, Ext.P1 order was issued by the first respondent, introducing liberalized pension scheme, in respect of the teachers who had opted for chapter XIV-B of the KER. Petitioner claimed the benefit of Ext.P1, by submitting Ext.P2, enclosing Ext.P3 legal heirship certificate. There was no response from the second respondent and there upon the petitioner submitted Ext.P4 by way of a reminder. Even Ext.P4 did not evoke any response and a representation made to the 3rd respondent WP(c).No.5888/2008 2 was responded by Ext.P5 informing that in spite of repeated reminders, the 2nd respondent has not admitted the pension claim and forwarded the same to the 3rd respondent. It is at this stage, the writ petition has been filed with the aforesaid prayers. 3. The 2nd respondent has filed an affidavit in which it is stated that by letter dated 16.7.2001, they had called for the service book of the deceased mother of the petitioner from the 3rd respondent and that the 3rd respondent by his letter dated 20.1.2004, had intimated that the service book was not available. The 3rd respondent in its affidavit, has stated that on receipt of the letter from the 2nd respondent, after due search the service book of the deceased teacher has been traced out and that the same will be forwarded to the 2nd respondent immediately. It is stated that the Pension Payment Order Number has been correctly recorded in the service book. Now that the documents have been traced out, the respondents can issue sanction for payment WP(c).No.5888/2008 3 of the benefits arising out of Ext.P1 Government Order, pursuant to Exts.P2 and P3. 4. From the counter affidavit filed by respondents 2 and 3, it can be seen that they are not disputing the eligibility of the petitioner's deceased mother for the benefit of Ext.P1 Government Order. All that stood in the way seems to be the absence of service book and want of correct number of the Pension Payment Order. 5. Now that the 3rd respondent in its affidavit has confirmed that the service book has been traced out and going by the statement in the affidavit, he would have already forwarded the same to the 2nd respondent. If that be so, it is for the 2nd respondent to consider the claim of the petitioner for the benefit of Ext.P1 on an expeditious basis. On the other hand if the 3rd respondent has not so far forwarded the service book and other related records to the 2nd respondent, on production of a copy of the judgment, the 3rd respondent shall without any further WP(c).No.5888/2008 4 delay forward the same to the 2nd respondent and on receipt of the same the 2nd respondent shall consider and pass necessary orders in the matter without any further delay. Writ Petition is disposed of as above. ANTONY DOMINIC JUDGE vi. WP(c).No.5888/2008 5