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IN THE HIGH COURT OF KERALA AT ERNAKULAM
RAJA VIJAYARAGHAVAN V, J.
K.K.Baby, S/o Late Mathai Kurian - Appellant
Versus
The Additional Chief Secretary(Finance) Mahatma Gandhi Road - Respondents
WP(C) No. 12821 of 2021
Decided on : 06-12-2021
Service Matter - Treasury Code and Rule 135- Rule 294- Retired aided school teacher - Request for disbursement for arrears of pension – Rejection under - Alzheimer's disease.
Finding of the Court:
Alzheimer's disease is a brain disorder that slowly destroys memory and thinking skills and a person who is afflicted with the said disease will find it difficult to even carry out the simplest of tasks. Dementia would impair the ability of an individual to think or make decisions. It is undisputed that the petitioner has crossed the age of 90. These are the circumstances that are projected by the petitioner to reclaim the pension and requested the respondents to consider his request sympathetically. Under no circumstances can it be said that there has been deliberate laches or negligence on the part of the petitioner - By merely relying on the provisions of the Treasury Code and the relevant provisions of the KSR and by passing an order in a rigid and inflexible manner, the Government has fetered its discretion. The Government was expected to decide each and every case which comes up before it for sanction on its own merits and decide one way or the other. In other words, the Government has shut its ears on the fervent pleas of a retired public servant to give his due for the service rendered by him by forgiving his lapses.
Result: Ordered accordingly
JUDGMENT :
The petitioner is a nonagenarian and is a retired aided school teacher. He had worked as a teacher in the St.Pauls High School, Nariyapuram, and had retired in the year 1984. He has approached this Court through his power of attorney holder challenging Ext.P5 order as per which, his request for disbursement for arrears of pension for the period from 2014 to 04.7.2019 was turned down by the 1st respondent.
2. It is contended by the petitioner that after his retirement in the year 1984 and till the month of January 2014, he had been drawing monthly pension from the District Treasury Office, Pathanamthitta. In the year 2014, he left India to join his son, who is employed in the United States of America. He contends that it was for the purpose of securing treatment for his ailments that he had gone to the U.S. Due to ailments that he was suffering from, he was not able to seek for payment of pension through a duly authorised agent by producing a Life Certificate as contemplated under the Note to Rule 129 of Part III of the KSR. Later, he submitted Ext.P1 representation along with Ext.P2 medical certificate, Ext.P3 Life certificate attested by the Vice Consul, and an application for condonation of delay. The said application was taken up and by Ext.P4 order, the disbursing officer has revalidated the Pension Payment Order and renewed the payment. However, it was mentioned that the arrears of payment from February 2014 to 4.7.2019 can be made only on receipt of Government sanction. The request was forwarded by the Treasury Officer and by Ext.P5 order, the request made by the petitioner was rejected by the Government.
3. The petitioner contends that the 1st respondent, merely following the letter of Rule 294 of the Treasury Code and Rule 135 of Part III of the KSR has rejected the request in a mechanical manner though they were empowered under Rule 136 to exercise their discretion in deserving circumstances. It is in the afore circumstances that the petitioner is before this Court seeking to quash Ext.P5 and for a further direction to the respondents to calculate the arrears of pension amount payable to the petitioner for the period from February 2014 to 4.7.2019 and for incidental reliefs.
4. A counter affidavit has been filed by the 1st respondent wherein it is contended that owing to the failure of the petitioner, the pension for the period from February 2014 to July 2019 got lapsed. However, based on his application and on the production of the requisite records, the pension was revalidated with effect from 4.7.2019. It is further stated that as per Section 278 (b) of the Kerala Treasury Code Vol.1, a non-resident pensioner with the permission of the RBI can draw his pension in India through a duly authorised agent holding a valid power of attorney. However, a Life Certificate has to be produced on each occasion unless the duly authorised agency has executed an indemnity bond to refund overpayments in which case, it would be enough if the Life Certificate is produced once a year. Reliance is placed on G.O.(P) No.33/2019/Fin. dated 19.3.2019 and it is stated that a pensioner, who is a non-resident, can through an authorised agent, produce his Life Certificate issued by a Magistrate, Notary, Banker or Diplomatic representative or through the biometric system. It is stated that as per Note to of Rule 129(a) of Part III of the KSR, the procedure applicable to all pensioners who reside outside India is the same as the procedure for pensioners residing in India, but with a rider that they shall obtain previous permission of the RBI for such drawal of pension. Reference is also made to Rule 135 of Part III of the KSR and it is stated that if pension remains undrawn for more than three years, the pension would cease to be payable.
5. Sri. C.B.Sreekumar, the learned counsel appearing for the petitioner, would refer to the treatment certificate of the petitioner and it is submitted that the petitioner had gone to the US to secure tre
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