Kerala High Court
Kochuthressia vs State Of Kerala on 12 September, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
2025:KER:68231
WP(C) NO. 24252 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 12TH DAY OF SEPTEMBER 2025 / 21ST BHADRA, 1947
WP(C) NO. 24252 OF 2025
PETITIONER:
KOCHUTHRESSIA
AGED 79 YEARS
W/O. LATE C.A. ANGELOS, CHULLICKAL HOUSE,
ARTHUNKAL P.O. ALAPPUZHA, PIN - 689530.
BY ADVS.
SRI.J.OM PRAKASH
SRI.T.G.SUNIL (PRANAVAM)
SRI.C.X.ANTONY BENEDICT
SRI.MAJEED V.P.
SRI.EMMANUAL SANJU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, DEPARTMENT OF FINANCE, GOVT.
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001.
2 DIRECTOR OF TREASURIES
PATTOM, PATTOM PALACE P.O., THIRUVANANTHAPURAM,
PIN - 695004.
2025:KER:68231
WP(C) NO. 24252 OF 2025
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3 THE SUB TREASURY OFFICER,
MINI CIVIL STATION, CHERTHALA P.O.,
ALAPPUZHA DISTRICT, PIN - 688524.
4 THE DEPUTY DIRECTOR OF EDUCATION
CIVIL STATION, ALAPPUZHA DISTRICT, PIN - 688001.
5 THE ACCOUNTANT GENERAL (A & E)
KERALA, THIRUVANANTHAPURAM, PIN - 695001.
6 THE HEADMASTER
ST. FRANCIS ASSISSI HIGH SCHOOL,ARTHUNKAL P.O.,
ALAPPUZHA, PIN - 688530.
BY ADV SRI.BETSON P.KUNJAPPAN
SRI. PREMCHAND R. NAIR. SR. GP.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.09.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:68231
WP(C) NO. 24252 OF 2025
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T.R. RAVI, J.
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W.P.(C) No.24252 of 2025
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Dated this the 12th day of September, 2025
JUDGMENT
The petitioner is a 79 year old widow seeking indulgence of this Court for payment of arrears of family pension for the period from 2016 to 2023. The petitioner's husband late C.A.Angelos retired as a clerk from St.Francis Assisi High School, Arthunkal, and was drawing pension. On 10.03.2016 Sri.C.A.Angelos died. It is stated that the petitioner was having mental illness at that point of time and could not apply for family pension. In 2018 the petitioner had approached the Sub Treasury Officer and she was informed that since two years have already passed, sanction has to be obtained from the Accountant General. Petitioner was also informed that since she is a patient the pension can be drawn 2025:KER:68231 WP(C) NO. 24252 OF 2025 4 by the petitioner's son, Eby Girish. Ext.P1 application was submitted by Sri.Eby Girish for this purpose to the Headmaster of the School. The Accountant General by Ext.P2, directed production of medical certificate from the Medical Board and a Guardian Certificate. The directions were complied with and finally the petitioner was granted family pension from the date of mustering which was in 2023. The family pension from the date of death of the petitioner's husband till the date of mustering has been denied. It is aggrieved by the above stand of the respondents that the petitioner has approached this Court.
2. The Government Pleader submits that there has been undue delay in approaching the Government for the family pension. Since the petitioner approached only after 7 years, it is contended that no liability can be cast on the Government for payment of the family pension for the period from the date of death of the petitioner's husband till the date 2025:KER:68231 WP(C) NO. 24252 OF 2025 5 on which the petitioner approached the authorities. Referring to Rule 135, Rule 294 & 295 of KSR Part III and Kerala Treasury Code Vol.1, it is argued that the Governement is justified in denying the pension for the period of delay.
3. The counsel for the petitioner relies on the judgment of this Court in Noushad S. v. Kerala State Road Transport Corporation in W.P.(C) No.17880 of 2016, wherein a learned Single Judge of this Court, after considering the statutory Rules, held that the right of family pension emanates from Article 21 of the Constitution of India and there is no justification in limiting the same to the date of submission of the application. The learned Judge relied on the judgment of the Hon'ble Supreme Court in S.K.Mastan Bee v. General Manager, South Central Railway and another [(2003) 1 SCC 184] for arriving at the conclusion. A similar view was taken in Aisha Kunju v. Deputy Director of Education [2004(2) KLT 174]. In a similar case in Lalitha 2025:KER:68231 WP(C) NO. 24252 OF 2025 6 M.P. v. KSRTC & Ors. [W.P.(C)No.26518/2024), this Court had considered the question whether delay in fling the application will affect the right to get the family pension during the period of delay. After referring to Note 5 attached to Rule 90(6) of Part III KSR, this Court held that the period of two years fixed for submission of the application for family pension would not apply in the case of widow of the pensioner. This Court had placed reliance on Aisha Kunju (supra) and held that the family pension was payable from the first date of the next month of the death of the pensioner. In view of the law laid down there is no reason to deny the petitioner the benefit of family pension for the period prior to the application.
In the result, the writ petition is allowed. Ext.P5 is set aside to the extent it limits family pension from the date of mustering. There will be a direction to the respondents 1 to 5 to disburse the family pension arrears to the petitioner for the 2025:KER:68231 WP(C) NO. 24252 OF 2025 7 period from 01.04.2016 to 31.10.2023 within two months from today. If the payment is not effected within two months, the amount will carry interest at the rate of 9% per annum till the date of payment and the officer who is responsible for the delay will be made liable for such amount.
Sd/-
T.R.RAVI JUDGE mpm 2025:KER:68231 WP(C) NO. 24252 OF 2025 8 APPENDIX OF WP(C) 24252/2025 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE APPLICATION DATED 28.05.2018 SUBMITTED BEFORE THE HEADMASTER OF THE SCHOOL.
Exhibit P2 A TRUE COPY OF THE LETTER DATED 23.10.2018 OF THE SR. ACCOUNTS OFFICER IN THE OFFICE OF THE ACCOUNTANT GENERAL. Exhibit P3 A TRUE COPY OF THE CERTIFICATE NO.
1193/18 DATED 07.04.2018 OF THE VILLAGE OFFICER, ARTHUNKAL VILLAGE.
Exhibit P4 A TRUE COPY OF THE CERTIFICATE NO.
MRL/MB/8/2022 DATED 19.01.2022 ISSUED FROM GENERAL HOSPITAL, ALAPPUZHA.
Exhibit P5 A TRUE COPY OF THE LETTER DATED 31.10.2023 OF THE SR. ACCOUNTS OFFICER IN THE OFFICE OF THE PRINCIPAL ACCOUNTANT GENERAL KERALA.
Exhibit P6 A TRUE COPY OF THE LETTER NO.
A6./607/2023 DATED 21.03.2024 SUBMITTED BY THE 3RD RESPONDENT BEFORE THE DISTRICT TREASURY OFFICER.
Exhibit P7 A TRUE COPY OF THE LETTER NO. E-
3015929:ESTT-C4.3/2025-FIN DATED 24.03.2025 OF THE 1ST RESPONDENT.
Exhibit P8 A TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 23.04.2025.
Exhibit P9 A TRUE COPY OF THE LETTER NO.
3015929/ESTT - C4/3/2025/FIN DATED 29.05.2025 OF THE 1ST RESPONDENT.
Exhibit P10 A TRUE COPY OF THE RELEVANT PAGE OF THE DISCHARGE SUMMARY ISSUED FROM THE K.V.M. HOSPITAL, CHERTHALA DATED NIL.