BALAKRISHNAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner's first wife was employed. She died. THE petitioner thereafter got re-married. Now petitioner seeks family pension in respect of his deceased former wife. Petitioner attempts to substantiate his case on the basis of Ext. P.-1. That is a Government order making the spouse of the second marriage also entitled for family pension. That does not cover the petitioner's case. THE petitioner's case is squarely covered by the statutory provision in Sub-r. 7 (a) of R. 90 of Part III K. S. R. THE said provision reads as follows : "the contributory family pension will be admissible :- (a) in the case of window/widower upt o the date of death or remarriage whichever is earlier. . . " This is a case of remarriage of the widower. In such circumstances, the petitioner cannot get family pension of his deceased first wife. O. P. fails. Dismissed. No costs. . .