LAWS(KER)-2017-3-51

KERALA VARMA THAMPAN Vs. STATE OF KERALA

Decided On March 22, 2017
Kerala Varma Thampan Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The grant of Family and Political Pensions are covered by the various Standing Orders on "Family and Political Pensions, Malikhanas, Jenmibhogam, Karathilchilavu and Arthapalinal Boriz deductions and Tasdio Allowances." The regime of paying such pension began as early as in the year 1949 and has been continuing, under which, the members of certain erstwhile royal families in Kerala are being paid pension during their life time. This is to say that the pension payable to the members of royal families would cease when they expire and it has no heritable right. The benefit is thus confined to those members of the families, who were alive at the time when these pensions were awarded and granted.

(2.) The petitioners in this writ petition are members of different royal families in the erstwhile State of Travancore. They were being paid family and political pension at the rate of Rs. 600.00 until Ext.P7 was issued enhancing it to Rs. 1,000.00 per month. The order in question, namely, Ext.P7 records that all members of such royal families, whose pension until then was Rs. 600.00 or below, would be granted enhancement to Rs. 1,000.00 per month.

(3.) However, pertinently, even before the issuance of Ext.P7, the Government of Kerala had issued another order specifically for the members of the royal family of Njavakkattu Meenachil, Kottayam District, enhancing their pension from Rs. 600.00 to Rs. 3,000.00 per month with retrospective effect from 01.01.2011. The petitioners, being obviously chagrined at the discrimination meted out to them, approached this Court by filing W.P.(C) Nos.30527/2012 and 3274/2013, which were disposed of jointly by this Court as per Ext.P11 judgment. The said judgment dealt with these issues quite in detail and I, therefore, deem it fructiferous to extract the relevant portion of the said judgment as under:-