IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 4TH JUNE 2010 / 14TH JYAISTHA 1932 WP(C).No. 7872 of 2010(H) ------------------------- PETITIONER(S): --------------- GIGI ANAND, AGED 42 YEARS, W/O.LATE K.ANAND KUMAR, TYPE I, B-5(A), ATHANI, KAKKANAD-30. BY ADV. SRI.K.K.ASHKAR SMT.ASHIRA MOHAMED ASHROF RESPONDENT(S): --------------- 1. THE REGISTRAR, DEBTS RECOVERY TRIBUNAL, CAUVERY COMPLEX, RAMANATHAPURAM, COIMBATORE-641045. 2. PAY & ACCOUNTS OFFICER (NSO), MINISTRY OF FINANCE, DEPARTMENT OF ECONOMIC AFFAIRS, NS BUILDING, CIVIL LINES, NAGPUR-440 001. 3. UNDER SECRETARY (DRT & CO-ORD.), MINISTRY OF FINANCE, DEPT. OF FINANCIAL SERVICES, NEW DELHI 110001. 4. UNDER SECRETARY TO MINISTRY OF HEALTH AND FAMILY WELFARE, GOVT. OF INDIA, NEW DELHI. ADV. SHRI K.K.UNNI, CGC ASG SRI.T.P.M.IBRAHIM KHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7872 of 2010 APPENDIX EXHIBITS EXT.P1- TRUE COPY OF THE DEATH CERTIFICATE OF THE PETITIONER'S HUSBAND ANAND KUMAR K. DATED 18.5.09 EXT.P2- TRUE COPY OF THE CONDOLENCE LETTER DATED 30.4.09 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER EXT.P3- TRUE COPY OF THE LETTER DATED 15.5.09 SENT TO 1ST RESPONDENT BY THE PETITIONER EXT.P4- TRUE COPY OF THE REPRESENTATION DATED 15.10.09 MADE BY THE PETITIONER TO 1ST RESPONDENT EXT.P5- TRUE COPY OF THE LETTER DATED 18.12.09 MADE BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT EXT.P6- TRUE COPY OF THE LETTER DATED 18.1.10 SENT TO 1ST RESPONDENT BY THE 2ND RESPONDENT EXT.P7- TRUE COPY OF THE REPRESENTATION DATED 20.2.10 MADE BY THE PETITIONER TO THE RESPONDENTS. (TRUE COPY) P.A TO JUDGE ANTONY DOMINIC, J ------------------- W.P.(C).7872/2010 -------------------- Dated this the 4th day of June, 2010 JUDGMENT Petitioner's husband, Anand Kumar K. was P.A to Joint Secretary in the Ministry of Health and Family Welfare in the cadre of Stenographer Grade 'D'. While working as the Private Secretary to Presiding Officer of the Debts Recovery Tribunal on deputation basis, he expired on 26.4.2009. Ext.P1 is the death certificate. According to the petitioner, the deceased had 19 years and 8 months of qualifying service and the petitioner is entitled to be paid family pension. She is also claiming entitlement to be paid DCRG, the amount due under Central Government Employees Group Insurance Scheme (CGEGIS), 1980 and General Provident Fund. Since the aforesaid dues were not paid, this writ petition has been filed seeking direction for the payment of the amounts due. 2. It is now submitted by the learned counsel for the petitioner that during the pendency of this writ petition, the W.P.(C).7872/10 2 amount due under the General Provident Fund has been paid to the petitioner. 3. Although the respondents have entered appearance, they have not filed any counter affidavit. Neither is their any representation on their behalf. 4. The averments in the writ petition that the petitioner's deceased husband had 19 years and 8 months of qualifying service is undisputed. If so, she is entitled to be paid family pension. Her claim for DCRG and the amount due under the Group Insurance Scheme, being the nominee of the deceased, also is undisputed. 5. In the light of the above, and in view of the averment that it is the 2nd respondent who is responsible for settlement of the claims, it is directed that the 2nd respondent shall pass appropriate orders in the matter in order to enable the petitioner to receive her family pension, the DCRG and the amount due W.P.(C).7872/10 3 under the Group Insurance Scheme. Orders in this behalf shall be passed and payment made as expeditiously as possible, at any rate, within eight weeks of receipt of a copy of this judgment along with the copy of the writ petition. Writ petition is disposed of as above. ANTONY DOMINIC, Judge mrcs