Allowed

C.H.Usha v. State of Kerala

Kerala HC17 Mar 2016WP(C)/13316/2006

Case brief

AI extract

What is this about?

A single judge of the Kerala High Court allowed a writ petition seeking arrears of family pension. The petitioner, daughter of a deceased government employee, was entitled to lifetime pension under a 1998 government order. The court held arrears payable from 01.04.1998, distinguishing a prior Division Bench judgment regarding timing of disablement.

What did the court decide?

Petitioner directed to be paid family pension arrears between 01.04.1998 and 20.11.2003 within four months of judgment receipt.

C.H.Usha Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:-

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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THURSDAY, THE 17TH DAY OF MARCH 2016/27TH PHALGUNA, 1937

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W.P.(C).No.13316 of 2006 (I)

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PETITIONER(S):-

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C.H.USHA,

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KULATHINDAVIDE HOUSE, NEAR SOUTH RAILWAY STATION, CHOVVA P.O., KANNUR DISTRICT.

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BY ADVS.SRI.P.M.PAREETH

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SMT.C.C.JANCY.

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RESPONDENT(S):-

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STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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SECRETARY (FINANCE DEPARTMENT), GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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DISTRICT JUDGE, THALASSERY.

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ACCOUNTANT GENERAL, KERALA, THIRUVANANTHAPURAM.

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R1 TO 4 BY GOVERNMENT PLEADER SMT.SUNITHA VINOD.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-03-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-

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W.P.(C) NO.13316 OF 2006-I

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT.P1	TRUE PHOTOCOPY OF THE G.O.{p) NO.2007/98/FIN. DATED 31.8.98.
EXT.P2	TRUE PHOTOCOPY OF THE LETTER DT.18.1.2000 ISSUED BY THE FOURTH RESPONDENT TO THE PETITIONER.
EXT.P3	TRUE PHOTOCOPY OF THE APPLICATION DT.3.11.03 SUBMITTED BY THE PETITIONER.
EXT.P4	TRUE PHOTOCOPY OF THE PENSION PAYMENT ORDER DT.7.10.05.
EXT.P5	TRUE PHOTOCOPY OF THE REPRESENTATION DTL17.11.05 SUBMITTED BY THE PETITIOENR BEFORE THE 3RD RESPONDENT.
EXT.P6	TRUE PHOTOCOPY OF THE LETTER DT.31.1.06 ISSUED BY THE FOURTH RESPONDENT TO THE THIRD RESPONDENT AND COPIED TO THE PETITIONER.
EXT.P7	TRUE PHOTOCOPY OF THE CIRCULAR NO.10/2000/FIN. DT.17.2.2000 ISSUED BY THE 2ND RESPONDENT.
EXT.P8	TRUE PHOTOCOPY OF THE CERTIFICATE OF MARRIAGE DATED 17.8.04 ISSUED BY THE MUNICIPAL SECRETARY, KANNUR MUNICIPALITY.
EXT.P9	TRUE PHOTOCOPY OF THE JUDGMENT DT.10.12.01 IN O.P.NO.23261 OF 1998 OF THIS HON'BLE COURT.
EXT.P10	TRUE PHOTOCOPY OF THE ELIGIBILITY CERTIFICATE NO.4/99 DATED 7.1.99 ISSUED BY VILLAGE OFFICER, PUZHATHI.

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RESPONDENT'S EXHIBITS:-

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--------------------------------------NIL.

Vku/-

[ true copy ]

K. Vinod Chandran, J

-------------------------------------W.P.(C) No.13316 of 2006-I

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Dated this the 17^th day of March, 2016

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JUDGMENT

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The petitioner, daughter of a deceased pensioner, is

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before this Court seeking family pension due to her as per Exhibit P1 Government Order.

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The brief facts to be noticed are that the petitioner was the daughter of one K.Kannan, who retired on 30.06.1982 from Government service and died as a pensioner on 31.07.1988. The employee was survived by the petitioner and her three brothers; the wife having died earlier. As on the date of death, family pension

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was eligible to wife or unmarried daughters, the latter till attaining the age of 25 years. Hence, none among the surviving members were entitled to get family pension.

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Subsequently, the Government by Exhibit P1 Government Order made it applicable to unmarried daughters for their entire life time or till they get married. Exhibit P1 was said to be effective from 01.04.1998. The petitioner made an application

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WP(C) No.13316 of 2006 - 2 -

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and after the usual procedure, the same was sanctioned; but, however, by Exhibit P6 it was restricted only with effect from 21.11.2003, the date on which she obtained eligibility certificate. The petitioner claims arrears of family pension from 01.04.1998 to 20.11.2003.

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The issue is no longer res integra, since it is covered by a Division Bench judgment of this Court in Accountant General v. Shyson Geroge [2005(2) KLT 137 ]. In the aforesaid case, the Division Bench was concerned with the death of a Government employee which occurred on 21.05.1988. Though the pension was sanctioned w.e.f. 22.05.1988, the Accountant General refused to approve the same on the basis of Circular No.10/2000/Fin dated 17.02.2000, which indicated that the eligibility to pension would accrue only from the date of issuance of an eligibility certificate. The Division Bench specifically noticed that, the date of issuance of the eligibility certificate is immaterial and the actual date of accrual of the disability is the relevant fact to be considered. The Court specifically took note of a situation of delayed issuance of an eligibility certificate and the restriction in the circular was held to be

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only in cases were the disability occurred, after the death of the

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WP(C) No.13316 of 2006

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employee. The special circumstances referred to in the circular was held to be only in such instances and not in a case, where the disability was there even at the time of death of the Government employee.

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The facts in the afore-cited decision would squarely apply here. Hence, the petitioner is declared to be entitled to family pension from 01.04.1998 onwards. The family pension arrears between 01.04.1998 to 20.11.2003 would be paid within a period of four months from the date of receipt of a certified copy of this judgment.

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The writ petition is allowed. No costs.

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Sd/- K.Vinod Chandran Judge.

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vku/-

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[ true copy ]

C.H.Usha v. State of Kerala

Case brief

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C.H.Usha v. State of Kerala

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