M JAMEELA BEEVI Vs. S BALAGOPALA PILLAI

JUDGEMENT

(1.) Leave granted.

(2.) Under Rule 90 (6-A) of the Kerala Service Rules, there is a provision for Contributory Family Pension being admissible to the parents, if they were solely dependent on the deceased for maintenance and they have no other source of income. This is subject to the condition that the employee had no wife at the time of death. In the present case, the widow of the employee is alive but has remarried. She is not, therefore, eligible for pension under sub-rule (7. Under sub-rule (6 pension is payable to relatives at (a) to (0 in that order, subject to the Rules. In the absence of relatives under clauses (a) to (c) , the pension is payable to the father (f) and mother who is at (g). Wife is the first person entitled and stands at (a). Sub-rule (9, however, provides that if she remarries, pension will be paid to the minor children mentioned at (c) and (d). In the present case, there being no relatives from (c) to (f) , the mother who is at (g) is eligible for pension.

(3.) The wife has also entered into a compromise with the appellant who is the mother of the employee under which the wife has agreed, inter alia, thatthe Contributory Family Pension should be paid over to the mother (the appellant herein). The mother was solely dependent on the deceased employee. In view of this consent order between the widow of the deceased employee and his mother also, we fail to see why, as per the agreed arrangement between the affected parties, the Contributory Family Pension cannot be paid to the appellant.