MOHAN GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner herein is a mentally retarded person represented by his sister and best friend. THE petitioner's mother was an employee under the Government of Kerala who retired from service on 30.6.2002. She died on 20.4.2001 leaving behind the petitioner and his sister named Philomina. THE petitioner through his sister applied for family pension on the ground that he is mentally retarded person. But, family pension was sanctioned to the petitioner only from the date of application. According to the petitioner, the petitioner is entitled to arrears of family pension from the next due date of pension from the date of death of the petitioner's mother. THE same has been rejected by Ext.P7 order on the ground that as per a Government Order and a Circular referred to therein, family pension to unmarried daughters, parents, physically/mentally disabled children etc. are to be paid from the date from which application for family pension with all enclosures are received in full shape/from the date of issuance of eligibility certificate. That order is under challenge before me. THE petitioner seeks

(2.) A counter affidavit has been filed on behalf of the first respondent wherein they would contend that in a Full Bench decision in State of Kerala v. Lucy Lonappan [2009 (3) KLT 673(F.B.), this Court has held that the provision that applicant will get family pension only from the date of submission of application is not arbitrary. It is also submitted that the Government themselves, considering the peculiar facts of the case, decided to sanction family pension to the petitioner with effect from 29.10.2002, which is the date of Ext.P1 medical certificate, certifying that the petitioner is a mentally retarded person.