IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 WP(C).No. 4289 of 2011(I) ------------------------------------ PETITIONER: ------------------- SARADAMMAL, AGED 93 YEARS, W/O.LATE ACHUTHANAIK, NANDANAM, THATTAMALA (PO), KOLLAM DISTRICT. BY ADV. SRI.M.V.THAMBAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL GOVERNMENTS, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE DIRECTOR OF PANCHAYATH, THIRUVANANTHAPURAM – 695 001. 3. THE DEPUTY DIRECTOR OF PANCHAYATH, KOLLAM – 691 001. 4. NEENDAKARA GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, NEENDAKARA (PO), KOLLAM DISTRICT – 691 582. R1 TO R3 BY GOVT. PLEADER SRI. ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.SIRI JAGAN, J. ``````````````````````````````````````````````````````` W.P.(C) No. 4289 of 2011 I ``````````````````````````````````````````````````````` Dated this the 28th day of February, 2011 J U D G M E N T Petitioner is a 93 year old widow. Her daughter late Manicka Bai was a U.D.Clerk in the service of the Government of Kerala, who retired on 31-05-1994 and died on 08-01-2009. On the death of her daughter, the petitioner has become entitled to family pension is the claim of the petitioner in the writ petition. But, the petitioner is not being paid the family pension is her grievance. 2. The petitioner seeks the following relief:- “ Issue a writ of mandamus or other writ or order directing the respondents to sanction and disburse family pension to the petitioner from 09-01-2009 with penal interest at the rate of 12% per annum, calculated from the date of death of her daughter late Manicka Bai.” 3. The learned Government Pleader, on instructions, submits that the delay is on account of the fact that the W.P.(C) No.4289/2011 : 2 : petitioner's daughter's service book and pension book are not now traceable. In the pension papers, the column relating to family pension payable on the death of the government employee is left blank is the other contention. It is under the above circumstances the delay in disbursal of family pension due to the petitioner has occurred is the contention of the Government Pleader. 4. I have heard the rival contentions in detail. The difficulty now pointed out by the learned Government Pleader cannot be attributable to the petitioner. The petitioner is now 93 years old. I am of opinion that the payment of family pension due to the petitioner cannot brooke any further delay in view of the advanced age of the petitioner. 5. In the above circumstances, I direct respondents 1 to 3 to see that the family pension due to the petitioner with arrears shall be paid to the petitioner positively within one month from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. Sd/- (S.SIRI JAGAN, JUDGE) aks // True Copy // P.A. To Judge