IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR THURSDAY, THE 9TH JULY 2009 / 18TH ASHADHA 1931 WP(C).No. 16424 of 2006(E) -------------------------- PETITIONER(S): --------------- K.REMANI, W/O.LATE M.RAJAGOPALAN NAIR, KOLLENGOTTU KOLAM, MANJAPRA P.O. ALATHUR, PALAKKAD DISTRICT. BY ADV. SRI.SHAJI THOMAS PORKKATTIL SRI.BINU PAUL RESPONDENT(S): --------------- 1. THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (PENSION) NAVY CELL, DRAUPADI GHAT, ALLAHABAD, UTTAR PRADESH. 2. THE CONTROLLER DEFENCES ACCOUNTS(CDA) (NAVY), MANKEURD, MUMBAI. 3. BUREAU OF SAILORS, CHEETHA CAMP, MANKHURD, MUMBAI 400 088. ADV. SRI.TPM.IBRAHIM KHAN,SENIOR PANEL COUNSEL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE REQUEST MADE TO RESPONDENTS 1 AND 3 DATED 24.10.2001 THROUGH THE SECRETARY OF KERALA STATE EX-SERVICE LEAGUE, ALATHUR BLOCK. EXT.P2 TRUE COPY OF THE REMINDER LETTER DATED 19.12.2001 TO RESPONDENTS 1 & 3 EXT.P3 TRUE COPY OF THE LETTER DATED 11.3.2003 TO RESPONDENTS 2 & 3 EXT.P4 TRUE COPY OF THE REQUEST DATED 20.5.2004 SUBMITTED BY THE PRESIDENT OF KERALA STATE EX-SERVICES LEAGUE, ALATHUR BLOCK COMMITTEE. EXT.P5 TRUE COPY OF THE LETTER DP/F/1/191487 DATED 23.6.2004 ISSUED FROM THE OFFICE OF THE THIRD RESPONDENT. EXT.P6 TRUE COPY OF THE REPRESENTATION DATED 15.2.2006 EXT.P7 TRUE COPY OF THE COMMUNICATION DATED 2.4.2006 OF THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R3(A) PHOTOCOPY OF THE LETTER PPP NO. N/F/NA/824/87 DATED 15.9.1987 EXT.R3(B) PHOTOSTAT COPY OF THE LETTER NO. K.S.E.S.L/A/162/2001 DATED 19.12.2001 ISSUED BY THE PRESIDENT OF THE KERALA STATE EX-SERVICES LEAGUE. EXT.R3(C) PHOTOSTAT COPY OF THE LETTER NO. K.S.E.S.L./A/18/2002 DATED 11.3.2002 ISSUED BY THE PRESIDENT OF THE KERALA STATE EX-SERVICES LEAGUE. EXT.R3(D)PHOTOSTAT COPY OF THE LETTER NO. K.S.E.S.L/A/32/04 DATED 20.5.2004 ISSUED BY THE PRESIDENT OF THE KERALA STATE EX-SERVICES LEAGUE. EXT.R3(E) PHOTOSTAT COPY OF THE LETTER NO. DP/F/1/191487 DATED 23.6.2004 ISSUED BY THE RESPONDENTS TO THE PRESIDENT OF THE KERALA STATE EX-SERVICES LEAGUE. EXT.R3(F) PHOTOSTAT COPY OF THE LETTER NO. K.S.E.S.L/ALT/03/04 DATED 4.8.2004 ISSUED BY THE PRESIDENT OF THE KERALA STATE EX-SERVICES LEAGUE. EXT.R3(G) PHOTOSTAT COPY OF THE LETTER NO. DP/F/1/191487 DATED 16.10.2004 ISSUED BY THE RESPONDENTS TO THE PCD ACCOUNTS (P) ALLAHABAD (UP) EXT.R3(H) PHOTOSTAT COPY OF THE PENSION PAYMENT ORDER NO. N/F/NA/188/2005 WITH EFFECT FROM 12.7.2004 ISSUED BY THE PCD ACCOUNTS (P) ALLAHABAD (UP) EXT.R3(I) PHOTOSTAT COPY OF THE LETTER NO. GTS/NC/FP/CONG/06 DATED 16.11.2006 ISSUED BY THE PCD ACCOUNTS (P) ALLAHABAD (UP). TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 16424 OF 2006 -------------------------------------------- Dated this the 9th day of July, 2009 JUDGMENT Heard counsel for the petitioner and standing counsel appearing for the respondents. Petitioner is the mother of a deceased Navy Sailor who died while in service. On the death of petitioner's son, Sri. K. Ravi Prakash, petitioner's husband, who is the father of the deceased sailor, was granted family pension as he was entitled as first life award. He was getting family pension until he died on 25.8.2001. Petitioner's case is that petitioner started applying for pension from 25.10.2001, that is shortly after the death of her husband as petitioner was entitled to continue to get family pension as second life award. However, the same was granted only with effect from 12.7.2004, which was later changed to 20.5.2004. The grievance of the petitioner is against denial of pension for three years, that is from September 2001 to July, 2004. Respondents' case is that petitioner did not apply for pension soon after the death of her husband and as and when application was received in the prescribed form, the same was sanctioned but only prospectively. 2 On going through the documents produced namely Ext.P5 communication sent by the respondents, it is seen that for grant of pension to the petitioner several documents including photographs, income certificate, dependency certificate, etc. were required. It is seen from Ext.R3(f) produced by the respondents, besides the above documents, death certificate of her husband, and non-marriage certificate, specimen signatures, thumb impression and several other documents were called for. In all the proceedings issued by the respondents, explanation for delay was also called for. It is clear from the documents called for by the respondents that they visualised situations where applications may be submitted with delay and if delay is reasonably explained, then arrears will be granted covering the period of delay as well. Admittedly entitlement for pension is rather automatic on the death of the husband of the petitioner and it was in fact granted to her though with delay of three years. Petitioner is not a seriously educated person and she is already 73 years old as of now. I do not think petitioner can be blamed for the delay in making complicated application which requires certificates for continued 3 pension on the death of her husband. In the circumstances, WPC is allowed directing the respondents to grant arrears of pension from the date on which it was discontinued for the petitioner's husband till it was restored to her, but without any interest. Arrears should be paid to the petitioner within four months from the date of receipt of a copy of this judgement. (C.N. RAMACHANDRAN NAIR) Judge kk 4