IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 15TH JULY 2008 / 24TH ASHADHA 1930 WP(C).No. 21338 of 2008(M) -------------------------- PETITIONER: ------------ C.P. AMMUKUTTY AMMA, AGED 75, W/O.LATE K. GOPINATHA PILLAI, XX/2306, GOPIKA, NEAR ERANATTU TEMPLE, PALLURUTHY, KOCHI-682006. BY ADV. SRI.M.R.GOPALAKRISHNAN NAIR RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO THE GOVERNMENT, WATER RESOURCES (WATER SUPPLY-B) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA WATER AUTHORITY, REP. BY THE MANAGING DIRECTOR, JAL BHAVAN, THIRUVANANTHAPURAM. 3. THE ACCOUNTANT GENERAL (A&E), KERALA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. ------------------------------- WP(C).NO. 21338 of 2008 --------------------------------- Dated this the 15th day of July, 2008. JUDGMENT The petitioner's husband K.Gopinatha Pillai died on 26.10.1967 while he was working as NMR Scavenger in the Public Health Engineering department. The benefits of pension, gratuity and Provident Fund were extended to the NMR workers as in the case of other Government employees as per GO(P). 189/69/PWD dated 25.11.1969 with effect from 1.7.1969. Gopinatha Pillai passed away on 26.10.1967. As per Rule 90 sub rule 3 of part III KSR contributory family pension will be admissible in the case of death while in service or after retirement on or after 1.4.1964. There was a doubt as to whether the petitioner is entitled to such family pension taking note of the fact that Gopinatha Pillai had passed away while serving as NMR Scavenger prior to the introduction of the said scheme for NMR workers. Ultimately by Ext.P1 Government Order it was ordered as follows: “Sri.K.Gopinatha Pillai expired on 26.10.1967 WPC.21338 /2008 2 i.e. before the benefit was extended to this category. If he had been living he would have been eligible for family pension. Hence it would be unfair to deny this benefit to the widow of the deceased. Since this case related to prior to the formation of Kerala Water Authority, the Managing Director has solicited Government orders in the matter. In the above circumstances, taking a lenient view, Government are pleased to accord sanction for payment of family pension to Smt.C.P.Ammukutty Amma, widow of late K.Gopinatha Pillai, NMR Scavenger Cleaner, Kerala Water Authority as admissible under Rule 90(3) of Part III KSR in terms of G.O.(P). No.390/80/Fin dated 18.6.1980 as a special case. “ 2. Taking note of Ext.P1, the Accountant General sanctioned family pension to the petitioner with effect from 3.9.2004, that is the date of Ext.P1 Government Order. According to the petitioner, she is entitled to family pension with effect from the date of death of Gopinatha Pillai. She has moved before the Government in this regard under Ext. P3, WPC.21338 /2008 3 followed by Ext.P4 reminder. 3. Having heard learned counsel for the petitioner and the Standing Counsel for Kerala Water Authority, the writ petition is disposed of directing the first respondent to consider and pass orders on Ext. P3, within a period of three months from the date of receipt of a copy of this judgment. V. GIRI, JUDGE. Pmn/