Kerala High Court
Lalithamma. M.G vs Kerala State Electricity Board ... on 21 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 21ST DAY OF DECEMBER 2022 / 30TH AGRAHAYANA, 1944
WP(C) NO. 41596 OF 2022
PETITIONER:
LALITHAMMA. M.G.
AGED 70 YEARS
W/O LATE SHRI. P.K. THANKAPPAN, PLAMPARAMBIL HOUSE,
PAKKIL P.O, KOTTAYAM DISTRICT - 686 012.
BY ADV N.SASIDHARAN UNNITHAN
RESPONDENTS:
1 KERALA STATE ELECTRICITY BOARD LTD ,
REPRESENTED BY ITS SECRETARY, VAIDHYUTHA BHAVANAM,
PATTOM, THIRUVANANTHAPURAM - 695 004.
2 CHAIRMAN & MANAGING DIRECTOR
KERALA STATE ELECTRICITY BOARD LTD, VAIDHYUTHA
BHAVANAM, PATTOM, THIRUVANANTHAPURAM - 695 004.
3 SECRETARY (ADMINISTRATION)
KERALA STATE ELECTRICITY BOARD LTD, VAIDHYUTHA
BHAVANAM, PATTOM, THIRUVANANTHAPURAM - 695 004.
4 CHIEF ENGINEER (HRM)
KERALA STATE ELECTRICITY BOARD LTD, VAIDHYUTHA
BHAVANAM, PATTOM, THIRUVANANTHAPURAM 695 004.
K.S.ANIL-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 41596 OF 2022
2
JUDGMENT
Dated this the 21st day of December, 2022
This writ petition is filed seeking the following prayers:
"(i) To issue a writ of mandamus or any other writ of
direction directing the respondents to sanction minimum
family pension to the petitioner following the health of her
husband, who was drawing compassionate allowance.
(ii) Or in the alternative, issue a writ of mandamus or any
other writ of direction directing the 2nd respondent to
consider and take appropriate decision on Ext.P6
representation of the petitioner at the earliest."
2. Heard the learned counsel for the petitioner and the learned
standing counsel appearing for the respondents.
3. It is submitted by the learned counsel for the petitioner that the
petitioner's husband was an employee of the KSEB and he was
dismissed from service pursuant to disciplinary proceedings, on
19.05.1992. Thereafter, he was granted compassionate allowance by
Ext.P1 order dated 18.05.2001. While in receipt of the compassionate
allowance, the petitioner's husband passed away on 22.11.2020. The
petitioner made a request for family pension which had been rejected
by Ext.P4. It is submitted by the learned counsel for the petitioner that
WP(C) NO. 41596 OF 2022
in similar circumstances, Ext.P5 order had been issued in the year 1997
granting compassionate allowance to the wife of an identically placed
employee. The petitioner therefore preferred Ext.P6 representation
pointing out these facts.
4. The learned standing counsel appearing for the respondents would
contend that there are later Government Orders on the subject.
5. In any view of the matter, since the petitioner has approached the
Board with Ext.P6 representation, there will be a direction to the 2 nd
respondent to take up, consider and pass orders on Ext.P6
representation preferred by the petitioner, with notice to the petitioner
and after hearing her, within a period of two months from the date of
receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
NP
WP(C) NO. 41596 OF 2022
APPENDIX OF WP(C) 41596/2022
PETITIONER'S EXHIBITS
Exhibit P1 TRUE COPY OF LETTER NO. PA-IX / PPO 26075
DATED 18/5/2001 OF THE ACCOUNTS OFFICER OF
THE KSEB.
Exhibit P2 TRUE COPY OF THE DEATH CERTIFICATE DATED
18/1/2021 ISSUED FROM KOTTAYAM MUNICIPALITY.
Exhibit P3 TRUE COPY OF THE REQUEST DATED 1/7/2021 OF
THE PETITIONER SENT TO THE 3RD RESPONDENT.
Exhibit P4 TRUE COPY OF LETTER NO. ESTT-VIII/3657/2021
DATED 10/9/2021 OF THE 3RD RESPONDENT.
Exhibit P5 TRUE COPY OF THE ORDER NO. EBPS XVII/01/95
DATED 6/97 OF THE CHIEF ENGINEER (ELE)
GENERAL KSEB.
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
12/12/2022 OF THE PETITIONER SENT TO THE 2ND
RESPONDENT.
RESPONDENTS' EXHIBITS: NIL
