IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 14TH JULY 2008 / 23RD ASHADHA 1930 WP(C).No. 11383 of 2008(E) -------------------------- PETITIONER: ------------ N. MANIYAMMA, KOTTAMPURAM HOUSE, PALLURUTHY, KOCHI. BY ADV. SRI.C.S.ABDUL SAMMAD SRI.V.D.BALAKRISHNA KARTHA RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. DISTRICT MEDICAL OFFICER (HEALTH), ERNAKULAM. 3. SUPERINTENDENT, W & C HOSPITAL, MATTANCHERRY. 4. ACCOUNTANT GENERAL (A & E), TRIVANDRUM. BY GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.11383 of 2008 -------------------------- Dated this the 14th July, 2008 J U D G M E N T Petitioner’s husband N.Parameswaran had retired from service as Lab Attender and was drawing pension with PPO No.16629. He retired in the year 1992. Parameswaran died in the year 2003. Petitioner is entitled to receive family pension. She submits that the Sub Treasury Officer, Mattanchary has to make payment to the petitioner. Apparently there was a doubt entertained as to whether petitioner is the only person entitled to receive family pension or whether children are also entitled to receive the same. Petitioner’s children P.K Sreedevi, aged 36, P.K.Anil Kumar, aged 33 and P.K Kishore Kumar aged 30, have filed separate affidavits before this Court affirming that they are ineligible to receive the family pension and also affirming the absence of any objection on their part in the mother receiving family pension. These affidavits are produced and marked as Exhibits P6 to P9 along with I.A. 8005 of 2008 W.P ( C) No.11383 of 2008 2 2. Learned Government Pleader, on instructions, submits that in the circumstances there is no further impediment in sanctioning family pension to the petitioner. What is required of the petitioner is to submit papers before the 2nd respondent. In the result, the writ petition is disposed of directing the 2nd respondent to pass orders sanctioning family pension in favour of the petitioner as a dependent of nominee of late Parameswaran holder of PPO 16629 within one month from the date of receipt of papers from the petitioner. The 2nd respondent shall process the same and forward it to the Accountant General – the 4th respondent. Fourth respondent shall taking note of this judgment and the papers forwarded by the 2nd respondent, issue orders within a period of six weeks thereafter. Sanctioning of the family pension in favour of the petitioner shall, at any rate, be completed within four months from the date of receipt of a copy of this judgment. (V.GIRI, JUDGE) ma W.P ( C) No.11383 of 2008 2 W.P ( C) No.11383 of 2008 2