IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 1729 of 2004()
1. SEETHA THACHA, W/O.KUNHI RAMAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. ACCOUNTANT GENERAL (A&E), KERALA,
3. THE SURVEY DIRECTOR,
4. THE ASSISTANT DIRECTOR,
For Petitioner :SRI.MAHESH V RAMAKRISHNAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice K.BALAKRISHNAN NAIR
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS
Dated :23/03/2009
O R D E R
K. BALAKRISHNAN NAIR &
M.L. JOSEPH FRANCIS, JJ.
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W.A.No. 1729 of 2004
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Dated this the 23rd day of March, 2009
JUDGMENT
Balakrishnan Nair, J.
The petitioner in the Original Petition is the appellant and
the respondents are the respondents herein.
2. The appellant’s son was a Government servant. He
died in harness on 1.8.1992. He was unmarried at the time of his
death. The appellant was getting family pension of Rs. 362/- per
month on the death of her husband, who was a service pensioner.
Even such persons receiving family pension are eligible to get
family pension, under Rule 90 (6A) of Part III of the Kerala
Service Rules (K.S.R.). The only condition is that their income
shall not exceed the prescribed limit and they should not be
receiving family pension in relation to the death of another
son/daughter.
3. It is common case that the appellant was eligible to get
family pension on the death of her son. The income limit which
W.A.No. 1729 of 2004
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was Rs.2,400/- per annum has been increased to Rs.4,800/- per annum
with effect from 1.1.1997. So, the appellant became eligible to get
family pension from that date. Since the appellant was not paid any
family pension under Rule 90 (6A) of Part III K.S.R., she approached
this Court. This Court, by judgment dated 29.11.2001, ordered to grant
family pension to her with effect from 1.1.1997.
4. According to the appellant, she is eligible to get family
pension from 1.8.1992. The income from family pension should not
be treated as part of her income, when Income Certificate is issued by
the competent authority like the Village Officer. This is evident from
Ext.P5 Government Order. When the said Government Order was
brought to the notice of the Village Officer, the said Officer has issued
Ext.P6(a) Income Certificate, which shows that she did not have any
income. As per the first certificate, a copy of which is Ext.P6, her
income from family pension is Rs.4,344/- Based on Ext.P6(a)
certificate, the appellant claims family pension from 1.8.1992. But the
respondents submit that Ext.P5 Government Order cannot be pressed
into service for grant of family pension. It is a general Government
Order, concerning grant of Income Certificate by the Revenue officials.
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5. For getting family pension, the appellant has to produce an
Income Certificate from the Village Officer. The Village Officer is
bound by Ext.P5 Government Order. Therefore, he has rightly issued
Ext.P6(a) Income Certificate. Going by Ext.P6(a), the appellant was
eligible to get family pension from 1.8.1992.
6. In view of the above position, the Writ Appeal is allowed. It
is declared that the appellant is entitled to get family pension from
1.8.1992. To that extent, the judgment under appeal is modified. The
arrears of pension payable to the appellant, as a result of this judgment,
shall be released to her within three months from the date of
production of a copy of this judgment
(K. BALAKRISHNAN NAIR)
Judge
(M.L. JOSEPH FRANCIS)
Judge
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