Sarojini vs State Of Kerala
2024 Latest Caselaw 9085 Ker

Kerala High Court

Sarojini vs State Of Kerala on 3 April, 2024

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE EASWARAN S.
    WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
                          WP(C) NO. 62 OF 2018
PETITIONER/S:

    1     SAROJINI
          AGED 93 YEARS
          W/O. LATE SANKARAN, MELAR POYIL,
          UMMALATHUR, VELIPARAMBA P.O, KOZHIKODE - 673 008.
    2     ADDL. PETITIONERS 2 TO 8 IMPLEADED
          ADDL.P2.BALAN.M.P,
          AGED 71 YEARS
          S/O LATE.SAROJINI, RESIDING AT MELAAR POYIL HOUSE,
          VELLIPARAMBU POST, KOZHIKODE -673 008.
    3     ADDL.P3.GOPALAN.M.P,
          AGED 67 YEARS
          S/O LATE.SAROJINI, RESIDING AT MELAAR POYIL HOUSE,
          VELLIPARAMBU POST, KOZHIKODE - 673 008.
    4     ADDL.P4.SAVITHRI.M.P,
          AGED 66 YEARS
          D/O LATE.SAROJINI, RESIDING AT EDOLI HOUSE,
          MANNARAKKAL PARAMBU, KOMMERI.P.O.,
          KOZHIKODE- 673 007.
    5     ADDL.P5.RAVINDRANATH.M.P,
          AGED 63 YEARS
          S/O LATE.SAROJINI, RESIDING AT MELAAR POYIL HOUSE,
          VELLIPARAMBU POST, KOZHIKODE- 673 008.
    6     ADDL.P6.SATHI.P,
          AGED 59 YEARS
          D/O LATE SAROJINI, RESIDING AT THANNIKKAL HOUSE,
          MAYANADU.P.O, KOZHIKODE - 673 008.
    7     ADDL.P7.MANOJKUMAR.M.P,
          AGED 56 YEARS
          S/O LATE.SAROJINI, RESIDING AT MELAAR POYIL HOUSE,
          VELLIPARAMBU POST, KOZHIKODE- 673 008.
 W.P. (C) No.62 of 2018              2




     8       ADDL.P8.USHAMANI.M.P,
             AGED 49 YEARS
             D/O LATE.SAROJINI, RESIDING AT MELAAR POYIL HOUSE,
             VELLIPARAMBU POST, KOZHIKODE-673 008. (THE SOLE
             PETITIONER DIED AND THE LEGAL HEIRS ARE IMPLEADED AS
             ADDITIONAL PETITIONERS 2 TO 8 VIDE ORDER DATED
             12.12.2023 IN IA NO.1/2023)
             BY ADV SRI.SIVAN MADATHIL


RESPONDENT/S:

     1       STATE OF KERALA
             FINANCE (PENSION) DEPARTMENT,REP. BY ITS PRINCIPAL
             SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
     2       THE DIRECTOR OF COLLEGIATE EDUCATION
             O/O THE DIRECTOR OF COLLEGIATE EDUCATION,
             6TH FLOOR, VIKAS BHAVAN, PALAYAM,
             THIRUVANANTHAPURAM - 695 033.
     3       DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
             NORTH ZONE, MANANJIRA P.O, CALICUT - 673 001.
     4       ACCOUNTANT GENERAL A E KERALA
             M.G ROAD, P.B NO. 5607 TRIVANDRUM - 695 001.



             SRI. BIMAL. K. NATH, SR. G. P.


      THIS    WRIT       PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON     03.04.2024,    THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P. (C) No.62 of 2018             3




                         EASWARAN S. , J.
                       -------------------------
                      W.P. (C) No.62 of 2018
                  -----------------------------------
                Dated this the 3rd day of April 2024

                             JUDGMENT

The present writ petition is filed by Smt. Sarojini, the wife of

Sri. M.P. Sankaran, seeking for the grant of family pension in view of

the specific direction issued by this Court in Ext.P1 judgment. Late

Sri. Sankaran was working as a Gardner from 1.4.1961 to 31.5.1974

at the St. Joseph College, Devagiri, Calicut. His claim for pension was

rejected and hence he approached this Court by filing W.P.(C)

No.27428 of 2003, which resulted in Ext.P1 judgment. It is stated in

paragraph No.17 of Ext.P1 judgment that late Sri. Sankaran was

entitled to the pension as prayed for. Consequently, by Ext.P3 order,

the Government was pleased to sanction pensionary benefits to late

Sri. Sankaran. However, by Ext.P4 order, the audit department raised

an objection, and it is stated that late Sri. Sankaran was granted only

exgratia pension and hence Smt. Sarojini, the wife of late

Sri. Sankaran is not eligible for family pension. Being aggrieved by

that, Smt. Sarojini, the 1 st petitioner submitted Ext.P5 representation

before the Additional Secretary Finance, Government of Kerala with a

request to grant the pensionary benefits as directed in Ext.P1. As per

Ext.P7, it was informed that the Government sanctioned an amount of

Rs.4,500/- as family pension. However, arrears were not sanctioned.

Though repeated representations were submitted by Smt. Sarojini,

the wife of late Sri. Sankaran, which did not yield any result.

Ultimately, by Ext.P10 order, the Government rejected the claim for

arrears of family pension. It is challenging the said order that the

present writ petition is filed. Exts.P12 and P14 are also challenged in

the writ petition.

2. It is unfortunate that, during the pendency of the writ

petition, Smt. Sarojini, the wife of late Sri.Sankaran also passed away

and accordingly, her legal heirs were impleaded as additional

petitioners in this writ petition.

3. I have heard Sri. Sivan Madathil, the learned counsel

appearing for the petitioners and Sri. Bimal K. Nath, the learned

Senior Government Pleader.

4. The learned counsel appearing for the petitioners submitted

that, in the light of the categorical finding of this Court in Ext.P1

judgment, the respondents cannot deny the claim for arrears of

family pension.

5. On contrary, the learned Senior Government Pleader takes

me through the counter affidavit filed on behalf of the 1 st respondent

and it is submitted that late Sri. Sankaran did not have a qualifying

service of 10 years at the time of his retirement and therefore, the

arrears of family pension as requested by the 1 st petitioner, late Smt.

Sarojini, cannot be given without any valid reason.

6. I have considered the submissions advanced.

7. In the light of the specific declaration given by this Court in

Ext.P1 judgment that late Sri. Sankaran was entitled to have the

entire of service counted for pension, I am of the definite view that

the Government cannot now deny the claim for arrears of family

pension to the legal heirs of late Sri. Sankaran. When the entitlement

of late Sri. Sankaran to have the entire period of service reckoned for

pension having been found by this Court and the findings in Ext.P1

judgment having become final, the 1st respondent cannot take a

contrary stand and deny the claim for arrears of family pension.

Accordingly, Exts.P10, P12 and P14 will stand quashed. The 1st

respondent is directed to release the arrears of family pension to the

account of the legal heirs of late Sri. Sankaran, the additional

petitioners, on production of the legal heirship certificate, within a

period of four months from the date of receipt of a copy of this

judgment.

This writ petition is allowed. No order as to costs.

Sd/-

EASWARAN S. JUDGE NS

APPENDIX OF WP(C) 62/2018

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P(C) NO.27428/2003 DATED 08.01.2014.

EXHIBIT P2 TRUE COPY OF THE REPRESENTATION DTD.

21.04.2014 SEND BY THE PETITIONER TO THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE G.O(RT) NO.4010/2014/FIN DATED 15.05.2014 ISSUED BY THE ADDITIONAL CHIEF SECRETARY (FINANCE).

EXHIBIT P4 TRUE COPY OF THE ORDER NO.P18/PENA/265/AD-

98-99/84 DTD 19.05.2015 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 30.05.2015 SEND BY THE PETITIONER TO THE ADDITIONAL SECRETARY (FINANCE).

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 16.09.2015 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION DTD.15.10.2015 ISSUED BY THE ADDITIONAL CHIEF SECRETARY(FINANCE)TO THE PETITIONER. EXHIBIT P8 TRUE COPY OF THE REPRESENTATION DATED 30.03.2016 SEND BY THE PETITIONER TO THE 1ST RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 03.10.2016 SEND BY THE PETITIONER TO THE 1ST RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE COMMUNICATION DATED 23.01.2017 ISSUED BY THE ADDITIONAL CHIEF SECRETARY TO THE PETITIONER.

EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 16.02.2017 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE COMMUNICATION DATED 07.06.2017 ISSUED BY THE ADDITIONAL CHIEF SECRETARY(FINANCE) TO THE PETITIONER.

EXHIBIT P13 TRUE COPY OF THE ORDER DATED 04.07.2014 ISSUED BY THE 4TH RESPONDENT OFFICE TO THE SUB TREASURY OFFICER, KOZHIKODE AND COPY TO THE PETITIONER.

EXHIBIT P14 TRUE COPY OF THE COMMUNICATION DATED 01.03.2016 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

EXHIBIT P15 TRUE COPY OF THE LEGAL NOTICE DTD.11.12.2017 SEND BY THE PETITIONER'S COUNSEL TO THE RESPONDENT 1,2 AND 4.