P.OMANAKUTTAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has approached this Court seeking a direction to the respondents to disburse to him the arrears of Family Pension, which became entitled to him, consequent to the death of his wife - who was a Government servant - from 01.07.2009 to 30.09.2014.

(2.) The petitioner, through his learned counsel - Smt.Nuriya O.A., says that subsequent to his wife's death he was drawing the Family Pension; but that in July 2009, on account of the rather distressing financial circumstances faced by him and his family, he went abroad seeking better prospects in life, but that his dreams turned sour and he became in a worse state abroad, having to return to India in the year 2014.

(3.) Smt.Nuriya further submitted that after her client came back to India, he applied for the arrears of pension from 01.07.2009 to 30.09.2014, but that has been rejected through Ext.P5 solely saying that since he did not authorise anybody to collect the said amounts during the period he was not in India, he will statutorily be construed to have relinquished the same, going by Rule 135 of Part I of the Kerala Service Rules (KSR for short). The learned counsel contends that the stand taken by the Government in Ext.P5 is totally contrary to the declaration of law in Ext.P7 judgment, which has been delivered in identical circumstances; and therefore, prays that Ext.P5 be set aside and the Government be directed to disburse to her client the arrears as prayed for.