IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 WP(C).No. 31077 of 2011(H) -------------------------- PETITIONER(S): --------------- VARKEYJOSEPH, METHIPPARA HOUSE, VALIYAPARA, KUTHUKUZHY P.O., KOTHAMANGALAM. BY ADV. SRI.N.K.KARNIS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION (T) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695001 2. JOINT SECRETARY TO GOVERNMENT, GENERAL EDUCATION (T) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695001 3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, ERNAKULAM, COCHIN - 682030. 4. THE PRINCIPAL, ST.MARY'S HIGHER SECONDARY SCHOOL, MORAKKALA, ERNAKULAM DISTRICT, PIN: 682030. R1 TO R3 BY G.P. SHRI M.A. FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER(S) EXHIBITS EXT.P-1 TRUE COPY OF THE ORDER OF THE 1ST RESPONDENT BEARING NO.GO(MS) NO.346/2004 DATED 18.11.2004. EXT.P-2 TRUE COPY OF THE LETTER FORWARDING THE DOCUMENTS BY THE 3RD RESPONDENT DATED 20.02.2007 EXT.P-3 TRUE COPY OF THE CERTIFICATE ISSUED BY THE TAHSILDAR, KOTHAMANGALAM DT.21.8.2008. EXT.P-4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE TAHSILDAR, KOTHAMANGALAM DT.21.8.2008. EXT.P-5 TRUE COPY OF THE ORDER NO.GO(RT) NO.3498/2010/G.EDN DT.4.8.2010 ISSUED BY THE 2ND RESPONDENT. EXT.P-6 TRUE COPY OF THE LETTER OF THE 4TH RESPONDENT TO THE 3RD RESPONDENT DATED 4.2.2011 EXT.P-7 TRUE COPY OF THE COMMUNICATIOIN ISSUED BY THE 3RD RESPONDENT TO 4TH RESPONDENT DT.10.5.2011. EXT.P-8 TRUE COPY OF THE CERTIFICATE ISSUED BY ST.JOSEPH'S HOSPITAL, KOTHAMANGALAM DT.25.8.2011 RESPONDENTS' EXHIBITS NIL // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 31077 of 2011-H - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of December, 2011. JUDGMENT The petitioner herein, who is a senior citizen, is seeking for a direction to disburse the family pension along with arrears, with respect to his son who died on 29.8.1999, while working as a Higher Secondary School Teacher. 2. The service of the petitioner's son as HSST was regularised as by the Government as per Ext.P1 order dated 18.11.2004. After the Government was addressed in the matter and after the petitioner forwarded the eligibility certificate and the required documents, the Government finally sanctioned the same as per Ext.P5. The petitioner's wife died on 10.10.2010 and the death certificate has also been forwarded as per Ext.P6. Ext.P7 is the communication issued by the Regional Deputy Director of Higher Secondary Education directing the Principal to obtain application for family pension in duplicate and forward it to his office for onward transmission to the Accountant General (A & E), Kerala. Learned counsel for the petitioner submitted that already the application and eligibility certificate have been considered by the Government while sanctioning WPC.31077/2011 - 2- family pension as per Ext.P5. 3. Evidently, the Government sanctioned the same from the date of issuance of income and eligibility certificate. The copies of the eligibility certificate and income certificate have been forwarded by the Principal along with Ext.P9 covering letter dated 22.8.2008 and later by letter dated 30.6.2010 the Principal has forwarded to the Regional Deputy Director, two sets of attested copies of the photos of the petitioner and his deceased wife. Therefore, it is not as if the application, eligibility certificate, income certificate, etc. have not been furnished by the Principal. 4. Learned Government Pleader submitted that the present communication is issued since the Accountant General has sought for the details of the application. Evidently, the same could be only for providing duplicate copies of the application and certificates and the petitioner will forward the same through the Principal of the school and on furnishing the same, the eligible amount along with arrears, will be disbursed to the petitioner expeditiously, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/