Kerala HC Directs Centre To Sanction & Disburse Family Pension To Unmarried Daughter Of Dead Barber Employed In Police Force

The Kerala High Court directed the Centre and the competent Secretary/Department to sanction and disburse the family pension to the petitioner i.e., the unmarried daughter of a dead man who was employed in the Malabar Special Police Battalion.

A Single Bench of Justice N. Nagaresh observed, “… the service of late Sankaran Nair is relatable to Union purpose. The pension liability therefore cannot be fastened on the Government of the State of Arunachal Pradesh. The liability is entirely on the Union Government.”

The petitioner had approached the Court as she was aggrieved by the denial of family pension benefits to her. Her father was a Last Grade Servant (Barber) in Malabar Special Police I Battalion.

Advocates Lakshmi Ramadas and Sreedhar Ravindran represented the petitioner while Advocate N.S. Daya Sindhu Sreehari, CGC, Government Pleaders Anima M., and M.R. Sreelatha represented the respondents. Senior Government Advocate Subu Tapin appeared for the State of Arunachal Pradesh.

Brief Facts –

The petitioner's father died in harness while on deputation with the Arunachal Pradesh Administration, Itanagar. Thereafter, her mother died as a result of which she and her younger sister alone were the legal heirs of their father.

The petitioner was unemployed and unmarried and had no regular source of income. The respondents refused to provide the pension to the petitioner. Aggrieved by this, she approached the High Court alleging that the respondents are only trying to avoid their liability.

In view of the above facts, the High Court directed, “The writ petition is therefore disposed of directing the 1st respondent-Union of India and the competent Secretary/Department to sanction and disburse family pension to the petitioner along with arrears of family pension with effect from 01.10.2002. Orders in this regard shall be passed within a period of two months.”

Accordingly, the Court disposed of the writ petition.

Cause Title- A. Saudamini v. Union of India & Ors.

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