HASEENA MANSOOR Vs. STATE OF KERALA

JUDGEMENT

(1.) Note 1(i)(a) under Rule 118 in Part III of Kerala Service Rules, for short, the "K.S.R.", provides that the share of DCRG due to minor children should be paid to the surviving parent except when the surviving parent happens to he a Muslim lady and that where there is no surviving parent or if the surviving parent is a Muslim lady, the payment be made to the person producing the guardianship certificate. The petitioner challenges this provision. Consequential directions are also sought for.

(2.) T.K. Mansoor, an employee of Kerala State Electricity Board, died leaving behind his wife and their two minor children. K.S.R. applies to K.S.E.B. employees. Relying on the impugned rule, the share of Death cum Retirement Gratuity due to Mansoor's minor children was not paid to their surviving parent, the petitioner, only on the ground that she happens to be a Muslim lady. Hence, this Writ Petition.

(3.) Mansoor's children, having since attained majority, have been paid their due. However, it is insisted that the issue may be decided as it affects, as a class, Muslim widows of Government servants dying intestate, leaving also behind, minor children. It is contended that such women and children form a challenged class, entitled to declaratory remedy in this Writ Petition raising fundamental issues of equality and equal treatment. It is pointed out that relief No. ii, as sought for, is a declaration in favour of Muslim mothers and not confined to the petitioner and that the delay in the matter was essentially because counter-affidavits were not filed for more than six years and this Court had to impose an order of costs on that account, that too, to be paid personally by officers.