High Court Kerala High Court

Seetha Thacha vs State Of Kerala on 23 March, 2009

Kerala High Court
Seetha Thacha vs State Of Kerala on 23 March, 2009
       

  

  

 
 
  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.

W.A.No. 1729 of 2004
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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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