BABY K. K. Vs. ADDITIONAL CHIEF SECRETART

JUDGEMENT

(1.) The petitioner is a nonagenarian and is a retired aided school teacher. He had worked as a teacher in the St.Pauls High School, Nariyapuram, and had retired in the year 1984. He has approached this Court through his power of attorney holder challenging Ext.P5 order as per which, his request for disbursement for arrears of pension for the period from 2014 to 4/7/2019 was turned down by the 1st respondent.

(2.) It is contended by the petitioner that after his retirement in the year 1984 and till the month of January 2014, he had been drawing monthly pension from the District Treasury Office, Pathanamthitta. In the year 2014, he left India to join his son, who is employed in the United States of America. He contends that it was for the purpose of securing treatment for his ailments that he had gone to the U.S. Due to ailments that he was suffering from, he was not able to seek for payment of pension through a duly authorised agent by producing a Life Certificate as contemplated under the Note to Rule 129 of Part III of the KSR. Later, he submitted Ext.P1 representation along with Ext.P2 medical certificate, Ext.P3 Life certificate attested by the Vice Consul, and an application for condonation of delay. The said application was taken up and by Ext.P4 order, the disbursing officer has revalidated the Pension Payment Order and renewed the payment. However, it was mentioned that the arrears of payment from February 2014 to 4/7/2019 can be made only on receipt of Government sanction. The request was forwarded by the Treasury Officer and by Ext.P5 order, the request made by the petitioner was rejected by the Government.

(3.) The petitioner contends that the 1st respondent, merely following the letter of Rule 294 of the Treasury Code and Rule 135 of Part III of the KSR has rejected the request in a mechanical manner though they were empowered under Rule 136 to exercise their discretion in deserving circumstances. It is in the afore circumstances that the petitioner is before this Court seeking to quash Ext.P5 and for a further direction to the respondents to calculate the arrears of pension amount payable to the petitioner for the period from February 2014 to 4/7/2019 and for incidental reliefs.