T Y ANNAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned Government Pleader. The case of the petitioner is the following: The petitioner's husband was involved in a criminal case on the allegation that he misappropriated a sum of Rs.8343/- while working as Headmaster. He was convicted and sentenced to imprisonment for a period of four years. On appeal, the High Court reduced the period of imprisonment to 8 months in respect of three cases altogether. The matter was taken before the Supreme Court. The Supreme Court partly allowed the appeal and imposed a fine of Rs.7000/- on the late husband of the petitioner. It is stated that Rs.7000/- was paid.

(2.) PROVISIONAL pension was granted to the husband of the petitioner. The petitioner's husband filed WP(C) No.33676 of 2004 praying for a direction to pass final orders on the claim for pensionary benefits made by him. The Writ Petition was disposed of as per Ext.P7 judgment dated 21st February, 2007 directing the Government to pass final orders and to take appropriate action in accordance with law. According to the petitioner, the Government did not pass any final orders. However, it is pointed out by the learned Government Pleader that the Director of Public Instruction passed Ext.P6 order dated 7.2.2008 in which Government letters dated 7.9.2007 and 13.11.2007 are referred to. Ext.P6 reveals that the Government took the view that since the matter is pending before the Supreme Court, the husband of the petitioner was entitled to get provisional pension alone. Accordingly, Ext.P6 order was passed by the Director of Public Instruction according sanction to resume provisional pension under Rule 3 of Part III KSR.