2025:KER:27920 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 26051 OF 2024 PETITIONERS: 1 LAKSHMI KRISHNAN (DIED) AGED 88 YEARS W/O. LATE PROFESSOR R.A. KRISHNAN, VALSALYA, VALATHUNGAL, KOLLAM, PIN - 691011 2 DR.A. RAGHU, AGED 61 YEARS S/O. THE LATE PROFESSOR R.A.KRISHNAN, ERACHAKULAM MADHAM, VALATHUNGAL, KOLLAM , PIN - 691011 3 A.BABU, AGED 57 YEARS, S/O.THE LATE PROFESSOR R.A.KRISHNAN, FLAT 2D, SFS PATTOM SQUARE, PATTOM, THIRUVANANTHAPURAM, PIN - 695004 4 K.SREE VIDYA, AGED 55 YEARS D/O.THE LATE PROFESSOR R.A.KRISHNAN, VALSALYA, VALATHUNGAL, KOLLAM, PIN-691011. BY ADV PRIYA SHANAVAS RESPONDENTS: 1 THE PRINCIPAL ACCOUNTANT GENERAL (A & E) KERALA OFFICE OF THE PRINCIPAL ACCOUNT GENERAL, A.G.’S OFFICE COMPLEX, 2025:KER:27920 WP(C) NO.26051 of 2024 2 THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF COLLEGIATE EDUCATION OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, 6TH FLOOR, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, PIN - 695033 3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION (SOUTH ZONE) OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, ST.THOMAS SHOPPING COMPLEX, NEAR ORTHODOX BISHOP’S HOUSE, CROSS JUNCTION, KOLLAM, PIN - 691001 4 THE SUB TREASURY OFFICER PENSION PAYMENT SUB TREASURY, ASRAMAM, KOLLAM, PIN - 691002 5 THE PRINCIPAL SECRETARY, DEPARTMENT OF HIGHER EDUCATION, IST FLOOR, ANNEXE II, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001. ADDL.R6 PRINCIPAL SECRETARY FINANCE (PENSION B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 ADDL.R6 IS IMPLEADED AS PER ORDER DATED 01.04.2025 IN I.A.NO.1/2025 SRI. PREMCHAND R. NAIR,SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27920 WP(C) NO.26051 of 2024 3 JUDGMENT Dated this the 1st day of April, 2025 The 1st petitioner is the wife of the late Professor R.A. Krishnan, who retired as Professor and Head, Department of Mathematics, Sree Narayana College, Kollam, who was a State Government Pensioner as per pension payment Order No.QLN/16885 and who died on 22.11.2019. 2. The 1st petitioner was mentally devastated by the death of her husband and was psychologically not in a position to apply for family pension immediately. On 01.01.2020, she suffered a minor stroke and has been bed ridden since then. In January 2020, she relocated to her husband’s ancestral village of Erachakulam in order to undergo traditional Ayurvedic Treatment. 2025:KER:27920 WP(C) NO.26051 of 2024 4 3. On 21.03.2024, the 1st petitioner submitted her application for Family Pension to the 4th respondent-Sub Treasury Officer as per Ext.P1. When the petitioner enquired through her son, she came to know that decision on Ext.P1 can be taken only by the 1st respondent. Hence, she submitted Ext.P2 representation dated 27.03.2024 before the 1st respondent. However, no decision has been taken by the respondents in the matter of releasing family pension to the 1st petitioner, contend the petitioners. 4. I have heard the learned counsel for the petitioners and the learned Senior Government Pleader representing the respondents. 5. The Senior Government Pleader would submit that both halves of PPO were received in the 1st respondent- Accountant General’s Office on 31.07.2024. The PPO was revalidated and returned to Treasury on 01.08.2024. The 2025:KER:27920 WP(C) NO.26051 of 2024 5 payment of family pension can be made by the Treasury with effect from 21.03.2024, the date on which the 1st petitioner submitted her application for family pension at PPST, Kollam. 6. The Senior Government Pleader submitted that the arrears of family pension from 01.12.2019 to 20.03.2024 can be made only on receipt of Government sanction from Finance Department. The 1st petitioner is also no more now and her legal heirs, who are none other than the children of the deceased 1st petitioner and the late Professor R.A. Krishnan, have got impleaded in the writ petition. The office of the Accountant General is only an implementing authority of the State Government Orders in authorising pensionary benefits. 7. It is the contention of the petitioners that the application for family pension had to be made during the Covid-19 pandemic period and the 1st petitioner was bedridden and suffering a stroke. That is the reason why there 2025:KER:27920 WP(C) NO.26051 of 2024 6 occurred certain delay in making the application. 8. From the statement filed on behalf of the 1st respondent, I find that the Office of the Accountant General has addressed a letter dated 18.10.2024 to the Secretary, Finance (Pension-B) Department requesting to examine the case of the petitioners and issue directions early, so that the Office of the Accountant General can initiate further course of action. 9. As the issue is now pending consideration in the Office of the additional 6th respondent, it would be appropriate that directions be given to the additional 6th respondent to finalise the proposals / issue and take a decision in the matter and communicate the same to the Office of the Accountant General, so that the 2nd petitioner get the family pension expeditiously. In the facts of the case, the writ petition is disposed of directing the additional 6th respondent to consider and 2025:KER:27920 WP(C) NO.26051 of 2024 7 authorise payment of family pension to the 2nd petitioner and take appropriate decision thereon within a period of three months. The decision shall be communicated to the Office of the Accountant General as well as to the petitioners. While taking a decision, one representatives of the petitioners shall be given an opportunity of hearing. Sd/- N.NAGARESH JUDGE hmh 2025:KER:27920 WP(C) NO.26051 of 2024 8 APPENDIX OF WP(C) 26051/2024 PETITIONERS’ EXHIBITS Exhibit P1 A TRUE COPY OF THE PETITIONER’S APPLICATION FOR FAMILY PENSION DATED 21.03.2024 (ALONG WITH ANNEXURES I TO IV), Exhibit P2 THE TRUE COPY OF THE REPRESENTATION DATED 27.03.2024 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT (ALONG WITH THE ANNEXURES) Exhibit P3 THE TRUE COPIY OF THE POSTAL RECEIPT Exhibit P4 TRUE COPY OF THE ONLINE TRACKING SHEET Exhibit P5 TRUE COPY OF THE ACKNOWLEDGMENT CARD DEMONSTRATING THE RECEIPT OF EXT.P2 BY THE 1ST RESPONDENT ON 01.04.2024 Exhibit P6 THE TRUE COPY OF THE O.P. TICKET ISSUED BY N.S. MEMORIAL HOSPITAL, KOLLAM, IN THE NAME OF THE PETITIONER Exhibit P7 THE TRUE COPY OF THE STAY PASS ADVANCE BILL ISSUED BY N.S. MEMORIAL HOSPITAL, KOLLAM, IN THE NAME OF THE PETITIONER Exhibit P8 THE TRUE COPY OF THE DISCHARGE SUMMARY ISSUED BY N.S. MEMORIAL HOSPITAL, KOLLAM Exhibit P9 THE TRUE COPY OF THE DEATH CERTIFICATE OF SMT. LAKSHMI KRISHNAN (THE 1ST PETITIONER) ISSUED BY THE KOLLAM MUNICIPAL CORPORATION DATED 1.8.2024 2025:KER:27920 WP(C) NO.26051 of 2024 9 Exhibit P 10 THE TRUE COPY OF THE FAMILY MEMBERSHIP CERTIFICATE DATED 21.08.2024 ISSUED BY THE VILLAGE OFFICER, ERAVIPURAM VILLAGE, STATING THAT DR. A. RAGHU (THE 2ND PETITIONER), A. BABU (THE 3RD PETITIONER), AND SREE VIDYA (THE 4TH PETITIONER) ARE THE CHILDREN OF SMT. LAKSHMI KRISHNAN (THE LATE 1ST PETITIONER) Exhibit P11 TRUE COPY OF THE LETTER NO. P18/1/PEN A/300/AD/93-94/218 DATED 31.07.2024 ISSUED BY THE PRINCIPAL ACCOUNTANT (A&E), KERALA (R1) TO THE SUB TREASURY, KOLLAM (R4), RESPONDENT ANNEXURES ANNEXURE R1(a) TRUE COPY OF THE COMMUNICATION No. P18/1/PenA/300/AD/93-94/460 DATED 18.10.2024 ISSUED TO THE GOVERNMENT