Petitioner, a mentally disabled widow, sought pension for her husband, a dependent son of a deceased freedom fighter. The Division Bench directed the State to grant the benefit based on a favorable medical report within six weeks.
Petitioner to submit written representations; State Government to grant pension and pass orders within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
THURSDAY ,THE 10TH DAY OF JANUARY 2019 / 20TH POUSHA, 1940
WP(C).No. 758 of 2019
PETITIONER/S:
KHADEEJA KAITHAKATH AGED 54 YEARS W/O.POOLAKKAL MOITHEENKUTTY, POOLAKKAL HOUSE, ASAD NAGAR, GHASI ROAD, THIRURRANGADI P.O., MALAPPURAM - 676 306.
BY ADV. SRI.V.A.VINOD
RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
OTHER PRESENT:
SMT.A.C.VIDHYA,GOVT.PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ALEXANDER THOMAS, J.
==================
W.P.(C).No. 758 of 2019
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Dated this the 10th day of January, 2019
J U D G M E N T
The prayers in the above Writ Petition (Civil) are as follows:
petitioner and Smt.A.C.Vidhya, learned Govt. Pleader appearing for the respondents.
W.P.(C).No. 758/19 - : 3 :-
disabled person. Earlier as per the rules, only unmarried daughters were eligible for receiving freedom fighter's continuous pension after the death of the widow of the deceased freedom fighter. Later the competent authority of the 1st respondent State Government has consciously taken a new policy initiative and has issued Ext.P-1 notification as per G.O(P).No. 92/2012/GAD dated 2.5.2012, whereby it has been ordered to grant family continuous pension also to dependent widowed daughters/divorced daughters till their remarriage/ death and to the physically/mentally disabled dependent sons/daughters, who suffer severe physical or mental disability, which is certified by a duly constituted medical board, subject to the stipulations in Rules 10 and 11. The introductory part of Ext.P-1 G.O dated 2.5.2012 reads as follows:
“ORDER
Government Order read as 1st paper above embodies the rules governing the Kerala Freedom Fighters' Pension Scheme. As per Rule 10 and 11 of Kerala Freedom Fighters' Pension Rules read as 5th paper above, widows/unmarried daughters/minor sons of deceased freedom fighters are eligible for Kerala Freedom Fighters' Continuous Pension subject to the conditions specified therein. Whereas widows who receive no pension other than Central Freedom Fighters' Continuous Pension are eligible for Kerala Freedom Fighters' Continuous Pension irrespective of income, unmarried daughters/minor sons are eligible for the Kerala Freedom Fighters' Continuous Pension provided the income limit does not exceed Rs.12,000/per annum till attaining the age of 18 in the case of minor sons and till marriage in the case of unmarried daughters.
Government are receiving a large number of applications from dependent widowed daughters/divorced daughters, physically/mentally disabled dependent sons/daughters of deceased freedom fighters etc. for Kerala Freedom Fighters' Continuous Pension.
W.P.(C).No. 758/19 - : 4 :-
Government have examined the matter in detail and decided to include dependent widowed daughters/divorced daughters, severely handicapped physically/mentally disabled dependent sons/daughters of deceased freedom fighters, in the list of persons eligible for Kerala Freedom Fighters' Continuous Pension by incorporating Rule 11A to Kerala Freedom Fighters' Pension Rules, 1971 observing all the conditions stipulated in Rule 10 and 11.”
the amendment of Rule 11A of the Kerala freedom fighter's Pension Rules, as notified thereunder, reads as follows:
“In the said Rules, Rule 11 A is inserted just below to Rule 11, as follows:-
Rule 11 A : Government shall have the power to sanction Kerala Freedom Fighters' Continuous Pension based on merit in most deserving cases to dependent widowed daughters/divorced daughters till their remarriage/ death and to the physically/mentally disabled dependent sons/daughters who suffer severe physical or mental disability which is certified by a duly constituted Medical Board, subject to the stipulations in Rule 10 and 11.”
petitioner's husband for grant of freedom fighter's continuous pension to the petitioner's husband as he is suffering from serious mental disability, which according to the petitioner, has also been duly certified by the competent medical board. Due and proper enquiry was conducted by the 2nd respondent District Collector, who had found that the petitioner's husband is eligible and entitled for the grant of freedom fighter's continuous pension in terms of the Rules and had submitted a detailed report in that regard to the 1st respondent State Government as evident from Ext.P-2 dated 14.5.2018, which reads as follows:
W.P.(C).No. 758/19 - : 5 :-
" ജ�ല� കളക�ർ , കളക�റ�റ� മലപ���മലപ��� . ത�യത� 14.05.2018
ഗവ . സ�കകട�� , സ��ത�ഭരണ ( എഫ . എഫ . �� . ബ� .) വക�പ� , ത�ര�വനന��ര� .
�ർ ,
വ�ഷയ� : �(�തകന) �മരറ�ന�ന� ത��ർ സ�ൻഷൻ അന�വദ�ക�നത ��ബന�ച�� -
�2ചന :-1)13.11.2013 സല സ��ത�ഭരണ ( എഫ . എഫ . �� . ബ� .) വക�പ ക��ൻ��പൽ സ�കകട��യ�സ� 37731/ എഫ . എഫ . �� . ബ� . 1/2013 നമർ കത� .
2) ത�ര2രങ��� തഹ��ൽദ�ര�സ� 06/04/2018 സല G4/15534/1 7 നമർ കത� .
------------------------------------------ �2ചനയ�റലക� അങയ�സ� ക9ദ ��ദര� കണ�ച� സക�ള�ന� . �(�തകന) �മര റ�ന�ന�യ�� സ�ൻഷന��മ�യ�ര�ന ക9= . �2ളകൽ മ�ഹമദ സമ�യത=ൻ എനവർ 01/12/2000 ൽ മരണമ�ഞ�ര�ന� . അറBഹത�നസ� മരണറ9ഷ� ഭ�ര) ക9=മത� കല�ങൽ ക�ഞ�പ�ത�മ എനവർക� ത��ർസ�ൻഷൻ ലഭ)മ�യ�ര�നത�� (PPO No. 14137) അവർ 04/06/2011 ന മരണസപ��കയ�� സചയത�ര�ന� . ത��ർന� അവര�സ� മകന�� 75% മ�ന��ക വവകല)മ�ള ആള�� ആയ ക9= . �2ളകൽ സമ�യത=ൻ ക�ട� എനവർക� സ�ൻഷൻ അന�വദ�കണ� എനറ�ക�ച ഭ�ര) ക9=മത� . ഖദ=ജ ജ�ല� കളക�ർക� അറ�ക �മർപ�ച�ര�ന� .
ത�ര2രങ��� തഹ��ൽദ�ർ മ�റഖന ന�ത�യ അറന(ഷണത�ൽ ക9= . �2ളകൽ സമ�യത=ൻക�ട� എനവർ 75% മ�ന��ക വവകല)മ�ള ആള�� വ�ർഷ�ക വര�മ�ന� 12,000/- ര2�യ�മ�സണന�� അ��യ�ച�ട�ണ� . ക9= . സമ�യത=ൻക�ട�ക� മസറ�ര� സ�ൻഷന�� ലഭ�ക�ന�ല� എന� ഗ�റഡ ഓഫ=�ർ ��ക)സപ��ത� യ�ട�ളത�ണ . ക9= . �2ളകൽ സമ�യത=ൻക�ട�ക� 5 സ�ണകള�ണ�ളത എന വ�വരവ�� അ��യ�ച�ട�ണ� . �(�തകന)�മര റ�ന�ന� ത��ർസ�ൻഷൻ ക9= . സമ�യത=ൻ ക�ട�ക� അന�വദ�ക�നത�ന �മത മ�സണന� ക�ണ�ച� �റഹ�ദര� ക9=മത� . ��ബ�യ ന�ര�റക��കത� �മർപ�ച�ട�ണ� .
9�ര=ര�കവ�� മ�ന��കവ�മ�യ� "severe disability” അന�ഭവ�ക�ന �(�തകന)�മര റ�ന�ന�യ�സ� മകൻ / മകൾ എനവർക� ത��ർസ�ൻഷൻ അർഹതയ�ളത�സണന�� ആയത� അന�വദ�ക�നത�ന�ള അധ�ക�ര� �ർക�ര�ൽ ന�ക�പതവ� മ�സണന�� ഒന�� �2ചന ഗവസണനQ കത�ൽ വ)കമ� ക�യ�ട�ണ� .
ഈ ��ഹചര)ങൾ �ര�ഗണ�ച� �(�തകന) റ�ന�ന�യ�� സ�ൻഷന��മ�യ�ര�ന ക9= . �2ളകൽ മ�ഹമദ സമ�യത=ൻ എനവര�സ� മകൻ ക9= �2ളകൽ സമ�യത=ൻക�ട�ക� severe disability അന�ഭവ�ക�ന �(�തകന)�മര റ�ന�ന�യ�സ� മകൻ എന വ�ഭ�ഗത�ൽ ഉൾസപ��ത� �(�തകന) �മര റ�ന�ന� ആക9�ത സ�ൻഷൻ അന�വദ�ക�നത�ന 9���ർ9 സചയ�ന� .
അറ�ക , അന�ബനറരഖകൾ �ഹ�ത� ഇറത�സ��പ� ഉള�ക� സചയ�ന� .
വ�9(���2ർവ� , Sd/- ജ�ല� കളക�ർ , മലപ��� "
W.P.(C).No. 758/19 - : 6 :-
W.P.(C).No. 758/19 - : 7 :-
severe mental disability, without any further delay and will pass orders thereon on the said application in the light of Ext.P-2 report, so as to grant the said benefit, unless there are serious obstacles and impediments in that regard. The entire process in that regard should be duly completed by the 1st respondent State Government without much delay, preferably within a period of 6 weeks from the date of receipt of a certified copy of this judgment.
With these observations and directions, the above Writ Petition (Civil) stands finally disposed of.
sdk+
Sd/- ALEXANDER THOMAS, JUDGE
W.P.(C).No. 758/19 - : 8 :-
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE G.O.(P) NO.92/2012/GAD DATED 02/05/2012 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P2 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DATED 14/05/2018.
3 issues framed by the court
Whether the State Government should grant Kerala Freedom Fighters Continuous Pension to the petitioner’s mentally disabled husband.
Whether the petitioner’s husband, a severely mentally disabled son of a deceased freedom fighter, qualifies for the pension under Rule 11A.
Whether the State Government is directed to process the pension application without further delay.
KHADEEJA KAITHAKATH
STATE OF KERALA
DISTRICT COLLECTOR
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
