IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 WP(C).No. 8441 of 2010(E) ------------------------- PETITIONER(S): --------------- BEENA, D/O.KURIAKKOSE, KARUKAYIL, MITHRAKKARI, ALAPPUZHA DISTRICT, KERALA. BY ADV. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN RESPONDENT(S): --------------- 1. THE UNION OF INDIA, REPRESENTED BY MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, MANSING ROAD, NEW DELHI. 2. PAY AND ACCOUNTS OFFICER II (DELHI POLICE), PAY AND ACCOUNTS OFFICE, MINISTRY OF HOME AFFAIRS, MANSING ROAD, NEW DELHI. 3. THE CENTRAL BANK OF INDIA, AARAKKULAM BRANCH, MOOLAMATTAM P.O., IDUKKI DISTRICT. ADV. SHRI THAMBI JACOB, CGC FOR R1 SRI.DEVAN RAMACHANDRAN FOR R3 SRI.K.M.ANEESH FOR R3 SRI.SANTHOSH KUMAR FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.8441/2010 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF DEATH CERTIFICATE. P2 : COPY OF BIRTH CERTIFICATE OF THE CHILD BY NAME ELIZABETH. P3 : COPY OF PAYMENT ORDER IN RELATION TO DCRG. P4 : COPY OF AFFIDAVIT OF THE PETITIONER. P5 : COPY OF PENSION PAYMENT DETAILS. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.8441 of 2010 (E) --------------------------------- Dated, this the 2nd day of June, 2010 J U D G M E N T Petitioner's husband, Shri. Moncy Joseph, was a Constable in the Delhi Police from 15/02/1989 onwards. While in service he expired on 08/11/1997, as a result of which, family pension and DCRG were sanctioned to the petitioner. While receiving those benefits, she got remarried, rendering her ineligible for continued payment of pension. However, according to the petitioner, despite her ineligibility, her minor daughter is entitled to be paid family pension and that she has not been paid her dues. It is with this grievance, the writ petition is filed. 2. In the statement filed on behalf of the 2nd respondent, it is stated thus:- “Accordingly the petitioner was intimated as per letter dated 15/01/2004 that after remarriage she is not entitled for family pension but her daughter Elizabeth Maria Joseph is eligible for family pension. She was also requested to submit the papers of her daughters which contains the photographs of her daughter identification mark, bank account under the guardianship of natural guardian, which were required to issue of revised pension payment order of her daughter. However nothing in this regard WP(C) No.8441/2010 -2- was received in this office till date and this respondent was unable to issue fresh P.P.O in the name of her daughter Elizabeth. However nothing in this regard was received to this respondent till date. Without necessary document required this respondent is unable to issue fresh pension payment order.” 3. From the above statement of the 2nd respondent, it is evident that they are not disputing eligibility of her minor daughter for receiving family pension, but only wants formalities to be complied with. 4. If as a matter of fact, the required formalities are not complied with, the authorities cannot be faulted for non-payment of the family pension to the daughter of the deceased. Having regard to the statement thus made in the statement filed, it is directed that it will be open to the petitioner to comply with the formalities to enable the respondents to pay family pension to her minor daughter, in which event, family pension will be disbursed along with arrears to the minor daughter of the petitioner as expeditiously as possible, at any rate, within eight weeks of receipt of duly lodged claim. This writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg