IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 5176 of 2009(N) ------------------------- PETITIONER(S): --------------- H.A.IMBICHI PATHUMABI, HOUSE NO.1/1076, KANAKALAYA BANK CROSS ROAD, WEST HILL P.O., CALICUT - 673 005. BY ADV. SMT.T.RESMI DAMODARAN RESPONDENT(S): --------------- THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, FINANCE (PENSION A) DEPARTMENT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. MOHAMMED FAZIL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1. True copy of the representation dated 5.11.2005 casted by the petitioner. Ext.P2. True copy of the medical certificate produced by the petitioner. Ext.P3. True copy of the order issued by the respondent. // true copy // P.A to Judge. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.5176 OF 2009 (N) -------------------------------------------------- Dated this the 30th day of November, 2009 J U D G M E N T Petitioner's husband retired as a Deputy Collector and expired on 10.2.1992. In this writ petition her prayer is confined to the claim for arrears of family pension for the period from July, 1992 to February, 2005 for which the petitioner applied only by Ext.P1 dated 5.11.2005. 2. According to the petitioner, in order to give the delay condoned, along with Ext.P1 she had also enclosed Ext.P2 medical certificate. However, her request for arrears was rejected by Ext.P3 on the ground that the medical certificate produced is not a valid reason for sanctioning arrears. Petitioner contends that in view of the illness that she had suffered which is also certified by Ext.P2, there is no justification for turning down her claim. 3. The stand of the respondent as reflected in the counter affidavit is that the maximum period for revalidation of the pension payment order is 3 years. According to them, it was only after inordinate delay that the petitioner made her claim and that even the medical certificate was not a convincing reason for sanctioning the arrears of family pension. WPC.No. 5176 /09 :2 : 4. As already seen, the claim of the petitioner is for arrears of family pension for the period from July, 1992 to February, 2005. Going by the rules as explained in the counter affidavit, revalidation of the pension payment order can only be for a period of 3 years. However, fact remains that, admittedly, by Ext.P1 filed on 5.11.2005, the petitioner claimed arrears for the period up to February,2005. Therefore, the arrears of pension falling within the preceding 3 year period prior to 5.11.2005, when she filed Ext.P1 cannot be said to have lapsed by time she raised the claim and that amount has to be paid by the respondents. This view has supported by the law laid down by the Apex Court in Shiv Das V. Union of India & Ors. (2007(9) SCC 274). Therefore, the ground of rejection as contained in Ext.P5 cannot apply in respect of the amount due for the period from February, 2002 to February, 2005. Writ petition will therefore stand disposed of directing the respondents to pay the arrears of family pension to the petitioner for the period from November, 2002 to February 2005. This shall be done as expeditiously as possible and at any rate within 3 months from the production of a copy of the judgment. (ANTONY DOMINIC) JUDGE vi/ WPC.No. 5176 /09 :3 :