Kerala High Court
State Of Kerala, Represented By The ... vs C. Leela, W/O Late S.Sudhakaran, ... on 26 June, 2025
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
2025:KER:46329
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
&
THE HONOURABLE MR. JUSTICE JOHNSON JOHN
THURSDAY, THE 26TH DAY OF JUNE 2025 / 5TH ASHADHA, 1947
OP(KAT) NO. 263 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 04.10.2024 IN OA NO.1078
OF 2024 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS/RESPONDENTS 1 TO 4 IN OA:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT
TOURISM DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN: 695001.
2 THE DIRECTOR OF TOURISM DEPARTMENT,
DIRECTORATE OF TOURISM, PARK VIEW,
THIRUVANANTHAPURAM, KERALA, PIN - 695033
3 THE ACCOUNTANT GENERAL (A&E),
AGS OFFICE, THIRUVANANTHAPURAM,
KERALA, PIN - 695001
4 THE SUB TREASURY OFFICER,
SUB TREASURY OFFICE, KADAKKAL,
KOLLAM, KERALA, PIN - 691536
BY SRI. A.J. VARGHESE - GOVERNMENT PLEADER
RESPONDENT/APPLICANT IN OA:
C. LEELA,
AGED 67 YEARS,
W/O LATE S.SUDHAKARAN,
WAITER, GOVERNMENT GUEST HOUSE,
OP(KAT) NO. 263 OF 2025
-2-
2025:KER:46329
ATTINGAL, RESIDENT OF GURUSREE, KADAYIL VEEDU,
CHITHARA P.O, MANCODE, KOLLAM,
KERALA, PIN - 691559
SRI.M.FATHAHUDEEN
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY
HEARD ON 26.06.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT) NO. 263 OF 2025
-3-
2025:KER:46329
JUDGMENT
Dated this the 26th day of June, 2025
The dispute in this Original Petition is with regard to
the arrears of family pension. One Sudhakaran, who was a
pensioner, died on 09.07.2001. In the Service Book, his divorced
wife's name was entered. He married the respondent
subsequent to divorce. Since the name of the first wife was
shown in the service records, no pension was paid to the
respondent.
2. The respondent thereafter approached the Family
Court, Attingal in the year 2014 to declare that she is the legally
wedded wife and she obtained judgment dated 28.01.2015 in her
favour from the Family Court. Based on the above, she
approached the Tourism Department for family pension. As is
evident from Annexure A3, the Department recommended family
pension as early as on 23.09.2015. However, this was ultimately
sanctioned only on 06.10.2018.
3. The respondent approached the Tribunal claiming
arrears of family pension from 10.07.2001 to 06.10.2018 and
the same has been allowed as per Exhibit P4 order dated
04.10.2024 in O.A. No. 1078 of 2024. Challenging the same, the
State has come up with this Original Petition.
OP(KAT) NO. 263 OF 2025
2025:KER:46329
4. Heard the learned Senior Government Pleader and
the learned counsel for the respondent.
5. At the outset, we note that there is undue delay on
the part of the respondent in getting a declaratory relief from the
Family Court. Sri. Sudhakaran died in 2001. She approached the
Family Court only in the year 2014. It is only in 2015, her status
has been declared. It is seen that she has approached the
authorities in 2015 itself claiming arrears of pension. Such being
the case, there is no reason for denying arrears from 2015
onwards.
6. The question that arises for consideration is as to
whether she can claim arrears of family pension. There is no
specific rule with regard to the family pension. However we
cannot ignore the purported Rule 120 of Part III of Kerala Service
Rules, which prescribes that under normal circumstances,
arrears cannot be granted, except in special cases beyond 3
years. The normal Rule is that the court also would not entertain
claims for arrears where no laches are attributable to the
Department beyond three years.
7. Considering the above, we are of the view that the
respondent would be entitled for arrears of pension prior to 3
years from the date on which she made a request for sanctioning
pension based on the judgment of the Family Court, and it is
OP(KAT) NO. 263 OF 2025
2025:KER:46329
ordered accordingly.
This Original Petition is disposed of, modifying the
impugned order as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
Sd/-
JOHNSON JOHN
JUDGE
ASH
OP(KAT) NO. 263 OF 2025
2025:KER:46329
APPENDIX OF OP(KAT) 263/2025
PETITIONER ANNEXURES
Exhibit P1 A TRUE COPY OF THE O.A NO.1078/2024 ALONG
WITH ANNEXURES A1 TO A8(A)
Annexure A1 THE COPY OF THE LETTER NO.A1-12362/01 DATED
03.04.2003 OF THE 2ND RESPONDENT
Annexure A2 THE COPY OF THE JUDGMENT DATED 28.01.2015 IN
OP NO.446/2014 OF THE FAMILY COURT, ATTINGAL
Annexure A3 TRUE COPY OF THE LETTER
NO.3507/A1/2015/TOURISM DATED 23.09.2015 OF
THE 1ST RESPONDENT
Annexure A4 TRUE COPY OF THE LETTER
NO.27/A1/2017/TOURISM DATED 27.10.2017 OF
THE 1ST RESPONDENT
Annexure A5 THE COPY OF THE LETTER
NO.116/A1/2018/TOURISM DATED 05.06.2018 OF
THE 1ST RESPONDENT
Annexure A6 THE COPY OF THE ORDER NO.E5-12362/2001 DATED
06.10.2018 OF THE SENIOR ADMINISTRATIVE
OFFICER OF THE TOURISM DEPARTMENT IN THE
OFFICE OF THE 2ND RESPONDENT
Annexure A7 THE COPY OF THE REQUEST DATED NIL SUBMITTED
BY THE APPLICANT BEFORE THE HONORABLE
MINISTER OF TOURISM DEPARTMENT
Annexure A8 THE COPY OF THE LETTER NO.TOUR-A1/345/2023-
TOUR DATED 22.01.2024 OF THE 1ST RESPONDENT
Annexure A8(a) THE COPY OF THE LETTER NO.TOUR-A1/117/2021-
TOUR DATED 02.09.2021 OF THE 1ST RESPONDENT
Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED
19.07.2024 OF THE TRIBUNAL
Exhibit P3 TRUE COPY OF THE STATEMENT FILED BY THE
SECOND PETITIONER DATED 10.09.2024
Exhibit P4 TRUE COPY OF THE FINAL ORDER PASSED BY THE
TRIBUNAL DATED 04.10.2024 IN THE ABOVE
MENTIONED ORIGINAL APPLICATION
