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SATHI K.V. VADAKKEDATH HOUSE versus THE UNION OF INDIA, REP. BY SECRETARY

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SATHI K.V. VADAKKEDATH HOUSE v. THE UNION OF INDIA, REP. BY SECRETARY - WP(C) No. 23037 of 2004(P) [2006] RD-KL 3387 (13 December 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 23037 of 2004(P)

1. SATHI K.V. VADAKKEDATH HOUSE,
... Petitioner

Vs

1. THE UNION OF INDIA, REP. BY SECRETARY,
... Respondent

2. THE CHIEF CONTROLLER OF DEFENCE,

3. THE OFFICER IN CHARGE - RECORDS,

4. THE DEFENCE PENSION DISBURSING OFFICER,

For Petitioner :SRI.P.RAMAKRISHNAN

For Respondent :SRI.JOHN VARGHESE, ASSISTANT SG

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :13/12/2006

O R D E R

KURIAN JOSEPH, J.

W.P.(C) No. 23037 of 2004 Dated 13th December, 2006.

J U D G M E N T

The late husband of the petitioner, V.I.Kunhikrishnan was in receipt of disability pension for almost three decades, from 1966 to 1996. According to the respondents, the same was discontinued since on assessment by the Re-survey Medical Board, the disability was below 20%. However, as contended by the learned Assistant Solicitor General, owing to an inadvertant mistake, the service element of pension continued to be disbursed from 8.8.1996 to 31.1.1999. Sri.Kunhikrishnan died on 17.9.2000. After around four years, steps have been taken to recover the said amount of Rs.44,093/- paid to Sri.Kunhikrishnan, from the petitioner. According to the petitioner, she is entitled to pursue the grievance against the assessment made by the Re-Survey Medical Board and to get the disability pension till the demise of her husband. Be that as it may, since the entire payments were made during the life time of Sri.Kunhikrishnan, since he is no more and since he died of the decease only, and taking note of the factual position that in any case, for three decades, the OP NO. 23037/04 2 disability pension was accepted also, it is not necessary to recover the same.

2. Counsel for the petitioner submits that since her husband died of the illness, for which disability pension was originally granted, she may be permitted to move the Government of India for family pension. It is for her to file an appropriate representation in that regard before the Government of India. The writ petition is disposed of as above.

KURIAN JOSEPH, JUDGE.

tgs

KURIAN JOSEPH, J

O.P.No. of 2002

J U D G M E N T

Dated 13th December, 2006.


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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