Kerala High Court
Neena Muneer,D/O. Late Mohammed Muneer ... vs State Of Kerala,Represented By The on 13 February, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
OP(KAT)No.27 of 2025 1 2025:KER:11961
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR
THURSDAY, THE 13TH DAY OF FEBRUARY 2025 / 24TH MAGHA, 1946
OP(KAT) NO. 27 OF 2025
AGAINST THE ORDER DATED 20.12.2024 IN OA (EKM) NO.1693 OF
2024 OF KERALA ADMINISTRATIVE TRIBUNAL AT THIRUVANANTHAPURAM
(ADDITIONAL BENCH, ERNAKULAM)
PETITIONER/APPLICANT:
NEENA MUNEER, AGED 36 YEARS
D/O. LATE MOHAMMED MUNEER A.,
RETIRED AS HIGH SCHOOL ASSISTANT EDUCATION DEPARTMENT,
G.H.S.S.,NAYARKUZHY, KOZHIKODE,
MIDHILA, SOUTH KODIYATHOOR, MUKKUM,
KOZHIKODE, PIN - 673602
BY ADVS.
MATHEW KURIAKOSE
T.G.SUNIL (PERUMBAVOOR)
J.KRISHNAKUMAR (ADOOR)
C.N.PRAKASH
SHAJI P.K.
PREETHU JAGATHY
ARUN.S.
RESPONDENTS:
1 STATE OF KERALA,REPRESENTED BY THE
PRINCIPAL SECRETARY, GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
OP(KAT)No.27 of 2025 2 2025:KER:11961
2 THE PRINCIPAL SECRETARY,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 DIRECTOR OF GENERAL EDUCATION,
KERALA, OFFICE OF THE DIRECTOR GENERAL OF EDUCATION,
JAGATHI, THIRUVANANTHAPURAM, PIN - 695014
4 DEPUTY DIRECTOR OF EDUCATION,
KOZHIKODE, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
MANANCHIRA, KOZHIKODE, PIN - 673001
5 DISTRICT EDUCATION OFFICER,
KOZHIKODE, OFFICE OF THE DISTRICT EDUCATION OFFICER,
MANANCHIRA, KOZHIKODE, PIN - 673001
6 ACCOUNTANT GENERAL (A & E),
THIRUVANANTHAPURAM, OFFICE OF THE ACCOUNTANT GENERAL (A
& E), M. G. ROAD, THIRUVANANTHAPURAM, PIN - 695001
7 SALEENA K,
AGED 46 YEARS
W/O. LATE MOHAMMED MUNEER, KALATHINKAL HOUSE, KODUVALLY
P.O., KOZHIKODE, PIN - 673572
BY ADVS.
PUBLIC PROSECUTOR
SHRI.ASOK M.CHERIAN, ADDL. ADVOCATE GENERAL
SRI.A.J.VARGHESE, SR.GP
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 13.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT)No.27 of 2025 3 2025:KER:11961
A.MUHAMED MUSTAQUE & P.KRISHNA KUMAR, JJ
---------------------------------------------------------
OP(KAT)No.27 of 2025
----------------------------------------------
Dated this the 13th day of February, 2025
JUDGMENT
A.Muhamed Mustaque.J
The petitioner stated to be a cancer patient and a divorcee has
approached the Tribunal claiming family pension. Her father was a
Government servant. The petitioner submits that when she was unmarried,
she was receiving a pension, and thereafter, after the marriage, her family
pension was stopped. The Tribunal noted that a divorced daughter will not
come within the ambit of the family under Sub-rule (6) of Rule 90 of Part III
KSR and dismissed the application. The petitioner in this original petition
filed an interlocutory application, IA No. 1 of 2025, to amend the original
petition to incorporate a challenge regarding the definition of family. The
petitioner raised an important question whether a divorced daughter can be
treated on par with an unmarried daughter. This question can be only
addressed on a challenge raised against the Rule which defines 'family'.
Since the divorced daughter could not come within the ambit of the family,
any claim for family pension would depend upon the challenge to the Rules.
We are of the view that an opportunity should be given to the petitioner to
amend the Original Application filed before the Tribunal. Accordingly, we set
OP(KAT)No.27 of 2025 4 2025:KER:11961
aside the impugned order and direct the parties to appear before the
Tribunal on 5.3.2025. The petitioner is given liberty to file an amendment
before the Tribunal to amend the Original Application.
The Original Petition (KAT) is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
Sd/-
P.KRISHNA KUMAR, JUDGE
dlk/13.02.
OP(KAT)No.27 of 2025 5 2025:KER:11961
APPENDIX OF OP(KAT) 27/2025
PETITIONER'S ANNEXURES & EXHIBITS
ANNEXURE A 1 A TRUE COPY OF THE SERVICE CERTIFICATE DATED
08.11.2024 IN RESPECT OF MUHAMMED MUNEER A.
(LATE HSA MATHEMATICS) ISSUED BY THE
HEADMISTRESS OF GHSS, NAYARKUZHY
ANNEXURE A2 A TRUE COPY OF THE PENSION CERTIFICATE DATED
21.01.2011 ISSUED BY THE SUB TREASURY
OFFICER, MUKKAM
ANNEXURE A3 A TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE
NO. K. DIS. 20087/200/8/K3 DATED 26.12.2008
ISSUED BY THE TAHSILDAR, KOZHIKODE
ANNEXURE A 4 A TRUE COPY OF THE DIVORCE CERTIFICATE ISSUED
BY THE SOUTH KODIYATHUR POILIL, JUMA MASJID
ANNEXURE A 5 A TRUE COPY OF THE NON-REMARRIAGE CERTIFICATE
NO.88996034 DATED 17.10.2024 ISSUED BY THE
VILLAGE OFFICER, KODIYATHUR IN RESPECT OF THE
PETITIONER
ANNEXURE A 6 A TRUE COPY OF THE WHOLE-BODY PET CT IMAGING
REPORT DATED 02.06.2023 ISSUED BY THE AMRITA
INSTITUTE OF MEDICAL SCIENCES AND RESEARCH
CENTRE, KOCHI IN RESPECT OF THE PETITIONER
ANNEXURE A 7 A TRUE COPY OF THE SURGICAL PATHOLOGY REPORT
DATED 25.05.2023 ISSUED BY THE AMRITA
INSTITUTE OF MEDICAL SCIENCES AND RESEARCH
CENTRE, KOCHI AS REGARDS THE PETITIONER
ANNEXURE A 8 A TRUE COPY OF THE SURGICAL PATHOLOGY REPORT
DATED 03.06.2023 ISSUED BY THE AMRITA
INSTITUTE OF MEDICAL SCIENCES AND RESEARCH
CENTRE, KOCHI IN RESPECT OF THE PETITIONER
ANNEXURE A 9 A TRUE COPY OF THE INCOME CERTIFICATE DATED
17.10.2024 ISSUED BY THE VILLAGE OFFICER,
KODIYATHUR IN RESPECT OF THE PETITIONER
ANNEXURE A 10 A TRUE COPY OF THE APPLICATION DATED
21.10.2024 SUBMITTED BY THE PETITIONER TO THE
OP(KAT)No.27 of 2025 6 2025:KER:11961
4TH RESPONDENT (EXCLUDING ANNEXURE)
ANNEXURE A 11 A TRUE COPY OF THE APPLICATION DATED
21.10.2024 SUBMITTED BY THE PETITIONER TO THE
4TH RESPONDENT (EXCLUDING ANNEXURE)
ANNEXURE A12 A TRUE COPY OF THE AFFIDAVIT DATED 16.10.2024
SUBMITTED BY THE PETITIONER TO THE 4TH
RESPONDENT ALONG WITH HER APPLICATION TO
RESTORE THE FAMILY PENSION
ANNEXURE A 13 A TRUE COPY OF THE ORDER NUMBER
DDEKKD/9736/2024-E5 DATED 01.11.2024 OF THE
DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE
EXHIBIT P1 TRUE COPY OF THE O.A. (EKM) NO. 1693/2024
FILED ON 15.12.2024 BY THE PETITIONER BEFORE
THE KERALA ADMINISTRATIVE TRIBUNAL,
THIRUVANANTHAPURAM (ADDL. BENCH, ERNAKULAM)
EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 20.12.2024 IN
O.A. (EKM) NO. 1693/2024 OF THE KERALA
ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
(ADDL. BENCH, ERNAKULAM)
EXHIBIT P 3 TRUE COPY OF THE G O(P) NO. 541/2007/FIN.,
DATED 12/11/2007 [S.R.O. NO. 935/2007] [THE
KERALA SERVICE (TENTH AMENDMENT) RULES, 2007]
EXHIBIT P4 TRUE COPY OF THE GO(P) NO. 18/2019/FIN.,
DATED 20/02/2019 [S.R.O. NO. 151/2019] [THE
KERALA SERVICE (SECOND AMENDMENT) RULES,
2019]
