Kerala High Court
Baburaj V.R vs State Of Kerala on 3 November, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:88267
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 3RD DAY OF NOVEMBER 2025 / 12TH KARTHIKA, 1947
WP(C) NO. 14304 OF 2024
PETITIONER:
BABURAJ V.R.,
AGED 60 YEARS
S/O RAJAPPAN PILLAI,
NARAYANA BHAVAN,S.N. PURAM P.O.,
CHERTHALA , ALAPPUZHA DISTRRICT,
PIN - 688582
BY ADVS.
SHRI.J.OM PRAKASH
SRI.T.G.SUNIL (PRANAVAM)
SRI.C.X.ANTONY BENEDICT
SRI.T.G.MANOJ
SRI.T.G.SANTHOSH
SRI.T.G.MAHESH
SHRI.EMMANUAL SANJU
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
DEPARTMENT OF EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DEPUTY DIRECTOR OF EDUCATION,
ALAPPUZHA,NEAR CIVIL STATION,
ALAPPUZHA, PIN - 688001
3 THE HEADMISTRESS,
GIRLS HIGH SCHOOL, KANICHUKULANGARA P.O.,
2025:KER:88267
W.P.(C) No.14304/2024
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CHERTHALA, ALAPPUZHA, PIN - 688582
4 THE ACCOUNTANT GENERAL (A & E),
KERALA, THIRUVANANTHAPURAM, PIN - 695036
SRI.PREMCHAND R. NAIR, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY
HEARD ON 03.11.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
2025:KER:88267
W.P.(C) No.14304/2024
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N. NAGARESH, J.
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W.P.(C) No.14304 of 2024
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Dated this the 3rd day of November, 2025
JUDGMENT
~~~~~~~~~ Petitioner is differently-abled and unemployed son of Smt. K. Anandavally Amma, who retired as Headmistress from the Girls High School, Kanichukulangara, on 30.04.1986. The petitioner seeks to quash Ext.P7 Pension Payment Order to the extent it limits the commencement of the family pension to the petitioner with effect from 01.01.2019.
2. The petitioner says that he submitted Ext.P1 application in Form-6 for getting family pension as his pensioner-mother passed away on 01.09.2014. The 3rd respondent-Headmistress forwarded the application to the 2025:KER:88267 W.P.(C) No.14304/2024 :4: Deputy Director of Education on 15.01.2015 as per Ext.P2. The petitioner received Ext.P3 letter dated 26.09.2017 from the office of the Accountant General (A&E) directing the petitioner to submit copies of Pension Payment Order of his mother and other documents. The petitioner again submitted the required documents.
3. The petitioner says that even thereafter he was constantly contacting the office of the 2nd respondent. The petitioner was informed from the office of the 2nd respondent that the application and connected documents are missing from their office. The petitioner again submitted fresh application with relevant documents as per Ext.P4. The 3rd respondent-Headmistress forwarded the same to the 2nd respondent as per Ext.P5 covering letter dated 11.10.2018.
4. The 2nd respondent directed the 3rd respondent to submit further documents as per Ext.P6 communication dated 18.05.2019. Finally, the 4th respondent- Accountant General issued Pension Payment Order to the 2025:KER:88267 W.P.(C) No.14304/2024 :5: petitioner as per Ext.P7 dated 17.08.2020. In Ext.P7 Pension Payment Order, it is stated that the payment of pension will commence with effect from 01.01.2019.
5. To deny family pension to the petitioner with effect from the due date of entitlement, the respondents rely on GO(P) No.437/92/Fin dated 24.06.1992 which states that pension will be payable only from the date of submission of application to the Government with all necessary documents. The petitioner would submit that the Hon'ble Apex Court has declared that the right to family pension is part of the right guaranteed under Article 21 of the Constitution of India. The petitioner had submitted application in time.
6. The 2nd respondent resisted the writ petition filing counter affidavit. Smt. K. Anandavally Amma passed away on 01.09.2014. The petitioner's father, who was also a Teacher, had died in harness earlier on 06.02.1983. The Headmistress, as per letter dated 20.01.2015, forwarded an application dated 12.01.2015 submitted by the petitioner 2025:KER:88267 W.P.(C) No.14304/2024 :6: requesting to sanction family pension. The family pension was authorised to his mother Smt. Anandavally Amma due to the demise of his father Sri. K. Rajappan Pillai, who passed away on 06.02.1983. Smt. Anandavally Amma retired from service as Headmistress on 30.04.1986 and passed away on 01.09.2014. The petitioner being a differently-abled and unemployed sole dependent of the deceased, was eligible for family pension. The Government, as per GO(Rt) No.985/2016/G.Edn dated 04.03.2016 sanctioned family pension to the petitioner with effect from 01.10.2014.
7. The 4th respondent, as per letter dated 16.06.2016, called for medical certificate. After obtaining the medical certificate in the prescribed form, the 4th respondent authorised family pension with effect from 01.10.2014. The petitioner submitted a representation stating that since his mother was also a pensioner, he is entitled to get family pension consequent to the death of his mother on 01.09.2014. The representation was examined. As per 2025:KER:88267 W.P.(C) No.14304/2024 :7: GO(P) No.425/2017/Fin dated 14.09.2007, in the event of death of father and mother, who were both Government employees/pensioners, two family pension can be sanctioned simultaneously to physically disabled children.
8. Therefore, the petitioner was required to submit a formal application. The Headmistress forwarded the formal application on 11.10.2018 and the second family pension was also sanctioned to the petitioner as per proceedings dated 26.01.2019. The 4th respondent required legal heirship certificate. After obtaining legal heirship certificate, the 4th respondent issued Pension Payment Order dated 17.08.2020 authorising family pension to the petitioner with effect from 01.01.2019. The 2nd respondent stated that the application for second family pension was submitted only on 08.10.2018 which was with a delay by four years and hence the family pension was sanctioned with effect from 01.01.2019. The writ petition is therefore without any merit and it is liable to be dismissed, contended the 2nd respondent.
2025:KER:88267 W.P.(C) No.14304/2024 :8:
9. I have heard the learned counsel for the petitioner and the learned Senior Government Pleader representing the respondents.
10. The facts are not in dispute. The petitioner is differently-abled and is unemployed. The petitioner's father Sri. K. Rajappan Pillai was a Teacher in SDV BHS, Alapuzha who died in harness on 06.02.1983. Smt. Anandavally Amma, the petitioner's mother was receiving family pension due to the demise of his father on 06.02.1983. The petitioner's mother Anandavally Amma, who was working as Headmistress in Girls High School, Kanichukulangara retired on 30.04.1986 and passed away on 01.09.2014. The family pension in respect of the deceased Rajappan Pillai was authorised in favour of the petitioner with effect from 01.10.2014.
11. Smt. Anandavally Amma passed away on 01.09.2014 and the petitioner submitted a representation claiming family pension in respect of his deceased mother, 2025:KER:88267 W.P.(C) No.14304/2024 :9: who was also a pensioner. The representation was submitted on 01.01.2018. A formal application was submitted on 08.10.2018. The 4th respondent required the petitioner to produce legal heirship certificate. The legal heirship certificate was produced and the 4th respondent passed Pension Payment Order dated 17.08.2020 authorising family pension in respect of the deceased mother, from 01.01.2019.
12. The petitioner's case is that the application for family pension was submitted on 12.01.2015 and therefore sanctioning of family pension with effect from 01.01.2019 is highly illegal and arbitrary. As per Rule 96 Note 5 Part III KSR, family pension shall be payable from the date of first month following the date of death of the pensioner / family pensioner only if the application in Form-6 along with eligibility certificate or medical certificate is submitted to the pension sanctioning authority within three years of death of the employee or pensioner or family pensioner. According to the 2nd respondent, the petitioner submitted application for family 2025:KER:88267 W.P.(C) No.14304/2024 : 10 : pension in respect of his mother only on 08.10.2018 which was belated by four years.
13. It is the specific case of the petitioner that he had submitted application in Form-6 along with all required documents on 12.01.2015. Though the petitioner followed up the matter, there was no response. By letter dated 26.09.2017, the 4th respondent directed the petitioner to submit the copies of the Pension Payment Order of the mother. The petitioner again submitted the same. According to the petitioner, when he contacted the office of the 2nd respondent, he was informed that the application and connected documents are missing from the office of the 2nd respondent and hence required the petitioner to submit a fresh application. It is based on the said request that the petitioner made a subsequent application as per Ext.P4, in October, 2018.
14. This Court in the judgment in Noushad v. Kerala State Road Transport Corporation [2016 (4) KLT 2025:KER:88267 W.P.(C) No.14304/2024 : 11 : 947] has held that dependent of an employee is entitled to get family pension from the month following the date of death of the employee. The judgment in Noushad (supra) was relied on by this Court in the judgment in W.P.(C) No.24252/2025 and this Court again held that the period fixed for submission of the application for family pension under Rule 90(6) Part III KSR would not apply in the case of widow of the pensioner.
15. In the judgment in Aisha Kunju v. Deputy Director of Education [2004 (2) KLT 174] this Court has held that right to family pension is a part of the guarantee under Article 21 of the Constitution of India and therefore there is no justification in limiting the same to the date of submission of application. In the present case, the petitioner is a physically handicapped person. He is disabled and unemployed. In the facts and circumstances of the case, I am of the view that limiting grant of family pension to the petitioner with effect from 01.01.2019 is highly arbitrary and discriminatory. The petitioner is eligible to get family pension from 01.10.2014.
2025:KER:88267 W.P.(C) No.14304/2024 : 12 : The writ petition is therefore disposed of directing respondents 1, 2 and 4 to sanction and pay arrears of family pension to the petitioner for the period from 01.10.2014 to 31.12.2018.
Sd/-
N. NAGARESH, JUDGE aks/18.11.2025 2025:KER:88267 W.P.(C) No.14304/2024 : 13 : APPENDIX OF WP(C) 14304/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF COVERING LETTER DATED 12.01.2015 ATTACHED WITH THE APPLICATION OF THE PETITIONER SUBMITTED BEFORE 2ND RESPONDENT THROUGH 3RD RESPONDENT Exhibit P2 TRUE COPY OF COVERING LETTER DATED 15.01.2015 OF THE 3RD RESPONDENT ADDRESSED TO 2ND RESPONDENT Exhibit P3 TRUE COPY OF LETTER NO.
PR4/KER/302/OZ/83-84/540 DATED
26.09.2017 OF SR. ACCOUNTS OFFICER
ATTACHED TO 4TH RESPONDENT'S OFFICE.
Exhibit P4 TRUE COPY OF COVERING LETTER DATED
08.10.2018 OF THE PETITIONER
SUBMITTING FRESH APPLICATION BEFORE
THE 2ND RESPONDENT THROUGH 3RD
RESPONDENT.
Exhibit P5 TRUE COPY OF COVERING LETTER DATED
11.10.2018 OF THE 3RD RESPONDENT
ADDRESSED TO THE 2ND RESPONDENT
Exhibit P6 TRUE COPY OF LETTER NO.G1/358/2018
DATED 18.05.2019 OF THE 2ND RESPONDENT
ADDRESSED TO THE 3RD RESPONDENT
Exhibit P7 TRUE COPY OF PENSION PAYMENT ORDER NO.
3100012181 DATED 17.08.2020 ISSUED BY
THE SR. ACCOUNTS OFFICER ATTACHED TO
4TH RESPONDENT'S OFFICE
Exhibit P8 TRUE COPY OF THE REPLY STATEMENT FILED
BY THE 2ND RESPONDENT IN O.A. 410/2021
DATED 18.06.2021
Exhibit P9 TRUE COPY OF ORDER DATED 24.01.2024 OF
THE HON'BLE KERALA ADMINISTRATIVE
TRIBUNAL IN O.A. NO. 410/2021