LEELAVATHY K Vs. KERALA STATE ELECTRICITY BOARD LTD

JUDGEMENT

(1.) The petitioner's husband who was working in the Kerala State Electricity Board Ltd (for short 'KSEB) was drawing pension from August, 1991 onwards based on Ext.P1 pension payment order. He went missing from April, 2008 onwards. Petitioner thereupon approached the respondents in the year 2014 requesting for pensionary benefits. She was informed that the family pension can be given only from the date of expiry of one year from the date of FIR relating to man missing. Ext.P6 FIR was registered in respect of the petitioner's husband on 18.12.2014. Based on this, petitioner was sanctioned family pension as per Ext.P8 order on 28.12.2015 and the sanction was accorded for payment w.e.f. 18.12.2015.

(2.) The petitioner submits that her husband has not drawn pension as he had been missing from April, 2008 onwards. The petitioner had submitted a representation before the respondent requesting for the pension from March, 2008 to December, 2015. Even though, she approached the Chief Engineer as well as the Government and Government received the said representation, they do not take any action.

(3.) The learned counsel for the petitioner points out that the family pension is sanctioned with effect from the date of completion of one year from the date of FIR based on Exts.P9, P10 and P11 orders. When the Government directed payment of family pension considering the difficulties faced by the families in man missing cases, nothing is stated regarding the payment of pension during the period when the pensioner was missing and pension was not paid to him including the one year period from the date of registering of FIR.