Family pension rights cannot be limited by bureaucratic delays and should commence from the date of entitlement, reaffirming constitutional protections under Article 21.

J U D G M E N T

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Petitioner is differently-abled and unemployed son of Smt. K. Anandavally Amma, who retired as Headmistress from the Girls High School, Kanichukulangara, on 30.04.1986. The petitioner seeks to quash Ext.P7 Pension Payment Order to the extent it limits the commencement of the family pension to the petitioner with effect from 01.01.2019.

2. The petitioner says that he submitted Ext.P1 application in Form-6 for getting family pension as his pensioner-mother passed away on 01.09.2014. The 3^rd respondent-Headmistress forwarded the application to the Deputy Director of Education on 15.01.2015 as per Ext.P2. The petitioner received Ext.P3 letter dated 26.09.2017 from the office of the Accountant General (A&E) directing the petitioner to submit copies of Pension Payment Order of his mother and other documents. The petitioner again submitted the required documents.

3. The petitioner says that even thereafter he was constantly contacting the office of the 2^nd respondent. The petitioner was informed from the office of the 2^nd respondent that the application and connected documents are missing from their office. The petitioner again submitted fresh application with relevant documents as per Ext.P4. The 3^rd respondent-Headmistress forwarded the same to the 2^nd respondent as per Ext.P5 covering letter dated 11.10.2018.

4. The 2^nd respondent directed the 3^rd respondent to submit further documents as per Ext.P6 communication dated 18.05.2019. Finally, the 4^th respondent- Accountant General issued Pension Payment Order to the petitioner as per Ext.P7 dated 17.08.2020. In Ext.P7 Pension Payment Order, it is stated that the payment of pension will commence with effect from 01.01.2019.

5. To deny family pension to the petitioner with effect from the due date of entitlement, the respondents rely on GO(P) No.437/92/Fin dated 24.06.1992 which states that pension will be payable only from the date of submission of application to the Government with all necessary documents. The petitioner would submit that the Hon’ble Apex Court has declared that the right to family pension is part of the right guaranteed under Article 21 of the Constitution of India . The petitioner had submitted application in time.

6. The 2^nd respondent resisted the writ petition filing counter affidavit. Smt. K. Anandavally Amma passed away on 01.09.2014. The petitioner's father, who was also a Teacher, had died in harness earlier on 06.02.1983. The Headmistress, as per letter dated 20.01.2015, forwarded an application dated 12.01.2015 submitted by the petitioner requesting to sanction family pension. The family pension was authorised to his mother Smt. Anandavally Amma due to the demise of his father Sri. K. Rajappan Pillai, who passed away on 06.02.1983. Smt. Anandavally Amma retired from service as Headmistress on 30.04.1986 and passed away on 01.09.2014. The petitioner being a differently-abled and unemployed sole dependent of the deceased, was eligible for family pension. The Government, as per GO(Rt) No.985/2016/G.Edn dated 04.03.2016 sanctioned family pension to the petitioner with effect from 01.10.2014.

7. The 4^th respondent, as per letter dated

16.06.2016, called for medical certificate. After obtaining the medical certificate in the prescribed form, the 4^th respondent authorised family pension with effect from 01.10.2014. The petitioner submitted a representation stating that since his mother was also a pensioner, he is entitled to get family pension consequent to the death of his mother on 01.09.2014. The representation was examined. As per GO(P) No