IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 31460 of 2005(T) -------------------------- PETITIONER(S): --------------- S.GOPALAKRISHNAN, S/O.LATE SANKARA IYER, V.604, MALAMELPUTHENMADAM, P.O.MANALOOR-680 581. BY ADV. SRI.K.A.SREEJITH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. 2. THE ACCOUNTANT GENERAL (A&E), KERALA, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR. BY SR.GOVT. PLEADER SRI.BENJAMIN PAUL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC 31460/05 APPENDIX PETITIONER'S EXTS. EXT.P1 - TRUE COPY OF DEATH CERTIFICATE OF PETITIONER'S MOTHER. EXT.P2 - TRUE COPY OF DEATH CERTIFICATE OF PETITIONER'S FATHER. EXT.P3 - TRUECOPY OF PENSION BOOK OF THE PETITIONER. EXT.P4 - TRUE COPY OF JUDGMENTS OF THE SINGLE BENCH AND DIVISION BENCH OF THIS HON'BLE COURT. EXT.P5 - TRUE COPY OF LETTER ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT. EXT.P6 - TRUE COPY OF THE ORDER DATED 14.6.2006 REJECTING FAMILY PENSION APPLICATION SUBMITTED BY THE PETITIONER, ISSUED FROM THE OFFICE OF THE 3RD RESPONDENT. /TRUE COPY/ K.BALAKRISHNAN NAIR, J. ----------------------------------------- W.P.(C) NO. 31460 OF 2005-T ----------------------------------------- JUDGMENT The petitioner's father was a pensioner. His father died on 23.2.1967. Later, family pension scheme was introduced by the Government with effect from 1.1.1986 and the petitioner's mother became eligible to get family pension. She applied for the same. The said application was allowed by the Government by order dated 11.3.1989. But, before she could receive it, she breathed her last on 3.1.1989. The petitioner is a physically disabled person, who is entitled to get family pension after the death of his mother. So, he filed an application for the same on 21.12.1998. The competent authority upheld his claim and he was sanctioned family pension with effect from 5.1.2000. The petitioner is dissatisfied with the sanction of pension with effect from 5.1.2000. He claims, it should be given to him with effect from 3.1.1989, the date of death of his mother. He also claims, the arrears of family pension due to his mother may be released to him. In respect of that claim, he relies on sub-rule (9A) of Rule 90 WPC 31460/05 2 of Part III, K.S.R., as it stood at the relevant time. The said sub-rule reads as follows: “(9A) Where the person eligible to receive family pension dies before receiving the same, the arrears, if any, due to him/her shall be given to the person, if any, who is living and is entitled to receive family pension on the date of the issue of the order sanctioning family pension.” The above quoted sub-rule was deleted only with effect from 24.8.2001. Therefore, the petitioner claims arrears of family pension payable to his mother as per the order dated 11.3.1989. He also claims family pension from 3.1.1989. 2. The respondents have not filed any counter affidavit. The claim of the petitioner for arrears of family pension payable to his mother is supported by sub-rule (9A) of Rule 90 quoted above. Accordingly, the respondents are directed to pay the arrears of pension payable to his mother, to the petitioner within three months from the date of production of a copy of this judgment. 3. The next prayer of the petitioner is to give him family pension with effect from the date of death of his mother. It is not in dispute that the petitioner was a disabled person at the time of his birth. WPC 31460/05 3 But, in this case, it has to be noticed that the petitioner applied for family pension only on 21.12.1998. So, he is entitled to get family pension at least with effect from that date. It is ordered accordingly. The petitioner shall be paid family pension with the arrears thereof with effect from 21.12.1998. The arrears remaining to be paid shall be released to him within three months from the date of production of a copy of this judgment. The Writ Petition is disposed of as above. 3rd October, 2008. K.BALAKRISHNAN NAIR, JUDGE. Nm/