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2006 Supreme(Ker) 187

A.K.BASHEER
T. K. Barathy – Appellant
Versus
The Principal Secretary to Government Finance (Pension) Department, Secretariat – Respondent


Judgment :-

The petitioner retired from service as a Primary Department Teacher on October 31, 1996. She is now living in New York in the United States of America with her husband and daughter.

2. This writ petition has been filed through her power of attorney holder. Her grievance is that arrears of pension payable to her for the period from November 1996 to September 2000 have been denied to her on the ground that she failed to draw the same when it fell due. It is contended by learned counsel for the petitioner that Exts.P3 and P4 orders passed by the Government in this regard are totally illegal and unsustainable. The prayer in this writ petition is to issue a writ of certiorari to quash Exts.P3 and P4 orders. There is a further prayer to issue a writ of mandamus or such other appropriate writ order or direction to respondent No.1 to accord sanction to release the arrears of pension in terms of the relevant rules.

3. It is not in dispute that the monthly pension became payable to the petitioner from November 1996. It is also beyond controversy that petitioner did not draw the pension from November 1996 till September 2000. According to the petitioner, she was constrained to be aw







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