Citation : 2023 Latest Caselaw 9354 Ker
Judgement Date : 25 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
WP(C) NO. 27813 OF 2023
PETITIONER:
ANNIE GEORGE, AGED 89 YEARS, UNEMPLOYED,
RESIDING AT THENAMKODATH HOUSE, HOUSE NO.35/15/80A,
SOUTH JANATHA ROAD, PALARIVATTOM, PONITHURA VILLAGE,
KANAYANNOOR TALUK, ERNAKULAM DISTRICT, PIN - 682028.
BY ADVS.
T.G.PAUL
P.N.ANOOP (PAREKKADAN)
SURESHKUMAR C
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY,
HEALTH DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
2 THE DIRECTOR,
HEALTH DEPARTMENT,
THIRUVANANTHAPURAM - 695035.
3 THE DISTRICT MEDICAL OFFICER,
ERNAKULAM - 682011.
BY ADV.SMT.MABLE C.KURIAN[SR.GP]
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 27813 OF 2023
-2-
JUDGMENT
When this matter was called today, Smt.Mable
C.Kurian - learned Senior Government Pleader,
submitted that the application of the petitioner for
the family pension and its arrears - which was
forwarded by the Director of Health Services to the
Principal Secretary of Health Services through
Ext.P3 - will be decided and necessary action
completed thereon, within a period of one month from
today.
2. I certainly propose to accede to the afore
submission of the learned Senior Government Pleader;
but must remind the Officers concerned that the
petitioner is an 89 years old lady, who says that
she has no other means of livelihood and struggling
for the last five years, after the death of her
daughter. These aspects cannot be lost sight of and
must engage the minds of the Authority empathically.
In the afore circumstances, I order this writ
petition and direct the competent Authority of the WP(C) NO. 27813 OF 2023
1st respondent to immediately take a decision on the
application of the petitioner for family pension,
consequent to the death of her daughter in the year
2018; thus culminating in an appropriate order and
necessary action thereon, as expeditiously as is
possible, but not later than one month from the date
of receipt of a copy of this judgment.
I make it clear that whatever be the amount
which is found eligible to the petitioner through
the afore exercise, it shall be made available to
her within a period of two weeks thereafter.
I am fixing the time frame short, adverting to
the singular fact that the petitioner is now 89
years old and stated to be without resources, even
for her medical expenses.
Sd/-
DEVAN RAMACHANDRAN JUDGE akv WP(C) NO. 27813 OF 2023
APPENDIX OF WP(C) 27813/2023
PETITIONER EXHIBITS
EXHIBIT P1 PHOTOCOPY OF THE LETTER FROM THE DIRECTOR OF HEALTH DEPARTMENT.
EXHIBIT P2 PHOTOCOPY OF THE LETTER FROM THE DISTRICT MEDICAL OFFICER.
EXHIBIT P3 PHOTOCOPY OF THE LETTER FROM THE DIRECTOR OF HEALTH SERVICE.
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