Kerala High Court
Lalitha.M.P vs The Kerala State Road Transport ... on 4 July, 2025
Author: T.R.Ravi
Bench: T.R.Ravi
2025:KER:49100
WP(C) NO. 26518 OF 2024
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 4TH DAY OF JULY 2025 / 13TH ASHADHA, 1947
WP(C) NO. 26518 OF 2024
PETITIONER:
LALITHA.M.P.
AGED 73 YEARS
(W/O.LATE T.D.SHAJI, SUPERINTENDENT OF KERALA
STATE ROAD TRANSPORT CORPORATION RETIRED ON
30.11.2007 FROM REGIONAL WORKSHOP, ALUVA AND
EXPIRED ON 11.7.2019), RESIDING AT
KADANTHURUTHEL, MENASSERIL HOUSE, MANGANAM.P.O.,
KOTTAYAM, PIN - 686018
BY ADVS.
SRI.K.P.JUSTINE (KARIPAT)
SRI.A.JOSEPH GEORGE (AZHIKKAKATH)
RESPONDENTS:
1 THE KERALA STATE ROAD TRANSPORT CORPORATION
REP.BY ITS MANAGING DIRECTOR, TRANSPORT BHAVAN,
EAST FORT, THIRUVANANTHAPURAM, PIN - 695023
2 THE MANAGING DIRECTOR
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM, PIN -
695023
3 THE FINANCIAL ADVISOR & CHIEF ACCOUNTS OFFICER
KERALA STATE ROAD KERALA STATE ROAD TRANSPORT
CORPORATION, TRANSPORT BHAVAN,
THIRUVANANTHAPURAM, PIN - 695023
2025:KER:49100
WP(C) NO. 26518 OF 2024
2
4 THE EXECUTIVE DIRECTOR (ADMINISTRATION)
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM, PIN -
695023
5 THE DEPUTY CHIEF ACCOUNTS OFFICER (PENSION)
KERALA STATE ROAD TRANSPORT CORPORATION,
TRANSPORT BHAVAN, THIRUVANANTHAPURAM, PIN -
695023
6 THE WORKS MANAGER
REGIONAL WORKSHOP, KSRTC, ALUVA, PIN - 683106
SRI.AKHIL SURESH, SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 04.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2025:KER:49100
WP(C) NO. 26518 OF 2024
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T.R. RAVI, J.
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W.P(C). No. 26518 of 2024
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Dated this the 4th day of July, 2025
JUDGMENT
The prayer in this writ petition is for a direction to the 2nd respondent to sanction and disburse arrears of family pension for the period from 01.08.2019 to February, 2023. There is also a prayer for declaration that the petitioner is entitled for family pension from the first date of the next month of the death of the pensioner. The petitioner is the wife of late T.D.Shaji, who retired as Superintendent from the Regional Workshop, Aluva, of the KSRTC on 30.11.2017. Sri.T.D.Shaji died on 11.07.2019. There is no dispute regarding the status of the petitioner as the wife of the late T.D.Shaji. The application for family pension was submitted by the petitioner only in March, 2023 after three years. The petitioner has stated that she had gone to Australia in 2019 to look after the children of 2025:KER:49100 WP(C) NO. 26518 OF 2024 4 her daughter and returned to India only on 06.05.2022, due to non-availability of flights because of COVID-19 Pandemic. The petitioner applied for family pension only thereafter. The petitioner had approached this Court when no action was taken on her application, by filing W.P(C).No.33770/2022, which was disposed of with a direction to the 2nd respondent to issue necessary orders. When there was a delay in complying with the judgment the partitioner had approached this Court with a Con.Case(C).No.2172 of 2023. When the contempt case was pending, the respondents issued Ext.P6 order whereby the family pension was sanctioned with effect from the date of sanction, relying on Rule 120 of Part III, KSR. The petitioner is aggrieved by the denial of the family pension from 01.08.2019 till February, 2023.
2. Heard the counsel for the petitioner and Standing Counsel for the respondents.
3. The counsel for the petitioner relied on Rule 90(6) of PART III KSR and Note 5 attached to it which 2025:KER:49100 WP(C) NO. 26518 OF 2024 5 reads thus:
"90(6). 'Family' for purposes of these rules, means the following relatives of the employee, namely:-
(a) Wife, in the case of a male employee;
(b) Husband, in the case of a female employee;
(c) Eldest eligible son/daughter (in the order of seniority) till marriage or till attaining the age of 25 years or till he/she gets employed whichever is earlier:
(d) Children suffering from physical/mental disorder or disability.
(e) Unmarried daughters above 25 years.
(f) Son/daughter adopted legally before retirement.
(g) Parents (in equal shares);
(h) Judicially separated wife (I) Judicially separated husband;
(j) Disabled divorced daughter;
(k) Widowed disabled daughter.
Note 5: Family pension shall be payable to the members specified in clauses (d), (e), (g) and (k) of sub-rule (6) of this rule from the date or first month following the date of death of the pensioner or family pensioner as the case may be, only if the application in Form 6 along with the Eligibility Certificate or Medical Certificate as the case may be, is submitted to the pension sanctioning authority within two years of death of the employee or pensioner or family pensioner. In cases where the application along with the eligibility Certificate or Medical certificate are submitted after two years of death of 2025:KER:49100 WP(C) NO. 26518 OF 2024 6 the employee or pensioner or family pensioner, as the case may be, family pension shall be payable with effect from the date of issue of Eligibility Certificate or Medical Certificate. Family pension shall be payable to the members specified in clauses
(e), (g), (j) and (k) of sub-rule (6) of this rule only if their income is less than Rs.6,000 per annum, subject to the conditions specified in sub-rule (6A) and sub-rule (7) of this rule."
4. It is submitted that the restriction regarding the date from which the payment will be due applies only with regard to members specified in Clauses
(d), (e), (g) and (k) of sub-rule (6) and does not apply to the spouses who are included against clauses (a) and (b). It is hence submitted that there can be no justification for denying family pension from 01.08.2019 in the case of the petitioner. Reliance is placed on Ext.P9 judgment rendered by a learned Single Judge of this Court in W.P(C).No.23152 of 2016. The learned Judge after considering the Rule held that whenever an application is made by the wife, the respondent Corporation is bound to pay the family pension from the next month following the death of the employee. The Court held that it was the bounden duty of the 2025:KER:49100 WP(C) NO. 26518 OF 2024 7 employer to pay the family pension to the said category on information of the death of the employee in accordance with the Rules. The learned Judge placed reliance on the judgment in Aisha Kunju vs. Deputy Director of Education [2004 (2) KLT 174] wherein it was held that, the right to family pension is a right emanating 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. I am in respectful agreement with the dictum laid down in Ext.P9 judgment.
In the result, this writ petition is allowed. There will be a direction to the 2 nd respondent to sanction and disburse the arrears of family pension to the petitioner from 01.08.2019 to February, 2023, at the earliest, at any rate, within four months from the date of receipt of a copy of this judgment.
Sd/-
T.R.RAVI JUDGE LEK 2025:KER:49100 WP(C) NO. 26518 OF 2024 8 APPENDIX OF WP(C) 26518/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DEATH CERTIFICATE OF LATE T.D. SHAJI ISSUED BY PUTTAPARTHI MUNICIPALITY DATED 25.7.2019 Exhibit P2 TRUE COPY OF THE MARRIAGE CERTIFICATE ISSUED BY THE SECRETARY, SNDP YOGAM SAKHA NO. 256, MANGALAM P.O. DATED 22.9.2016 Exhibit P3 TRUE COPY OF NON-REMARRIAGE CERTIFICATE OF THE PETITIONER DATED 6.10.2022 ISSUED BY DEEPA JESUS, MEMBER OF PALLAM BLOCK PANCHAYAT Exhibit P4 TRUE COPY OF THE LEGAL HEIRSHIP CERTIFICATE DATED 11.11.2019 ISSUED BY THE TAHSILDAR, KARTHIGAPPALLY Exhibit P5 TRUE COPY OF REPREENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 22.9.2022 Exhibit P6 TRUE COPY OF ORDER NO.PA 11/32311/2023 DATED 15.3.2024 ISSUED BY 2ND RESPONDENT.
Exhibit P7 TRUE COPY OF A LETTER VIDE NO.PA11/032311/23 DATED 5.10.2023 ISSUED BY THE 5TH RESPONDENT Exhibit P8 TRUE COPY OF ORDER G.O.(P) NO.236/14/FIN. DATED 21.6.2014 ISSUED BY THE FINANCE (PENSION-B) DEPARTMENT Exhibit P9 TRUE COPY OF JUDGMENT DATED 23.8.2016 IN W.P.(C) NO. 23152/2016 OF THIS HONOURABLE COURT Exhibit P10 TRUE COPY OF APEX COURT JUDGMENT IN S.K.MASTAN BEE VS. GENERAL MANAGER, SOUTH CENTRAL RAILWAY & ANOTHER AS REPORTED IN (2003) 1 SCC 184 IN CIVIL APPEAL NO. 8089/2021 DATED 4.12.2002 Exhibit.P11 TRUE COPY OF THE RELEVANT PAGE OF THE RULE 90(6) Exhibit.P12 TRUE COPY OF THE RULE 90(6) NOTE 5