IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 3705 of 2010(K)
1. K.B.MUMTHAS, W/O. LATE MUHAMMED IBRAHIM,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. ACCOUNTANT GENERAL (A & E),
3. THE SUB TREASURY OFFICER,
For Petitioner :SRI.JOHNSON P.JOHN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :28/06/2010
O R D E R
ANTONY DOMINIC, J
.......................
W.P.(C).3705/2010
.......................
Dated this the 28th day of June, 2010
JUDGMENT
Petitioner is the second wife of Muhammed Ibrahim and is the
mother of a minor son, named Shehin. Muhammed Ibrahim expired
on 27.9.2005 while in service. An amount of Rs.1 Lakh which
includes family pension and share of DCRG due to the minor son,
Shehin, was paid. However by Ext.P3, the 2nd respondent informed
that unless a guardian is appointed to the minor son, he will not be
paid the balance amount. This was in view of the provisions
contained in Note 3 to Rule 118 of Part-III, KSR. It is on the
issuance of Ext.P3, this writ petition is filed.
2. Note 3 to Rule 118 of KSR which is relied on in Ext.P3 has
been quashed by this Court in Haseena Mansoor v. State of
Kerala (2010 (2) KLT 981). Now that the Note has been quashed
in the aforesaid judgment, Ext.P3 itself deserves to be quashed and
I do so. Respondents are directed to disburse the withholded
amount of family pension that is due to the minor son, Shehin,
W.P.(C).3705/10
2
through his mother, the petitioner herein, on the production of a
copy of this judgment.
Writ petition is disposed of as above.
ANTONY DOMINIC,
Judge
mrcs