ACCOUNTS OFFICER PENSION SANCTION Vs. K J MARIYAMMA

JUDGEMENT

(1.) The appellants are the respondents in W.P.(C) No. 16858 of 2005. The respondent is the petitioner therein. The short question that arises for consideration in this writ appeal is whether the married daughter of a pensioner, whose marriage is subsisting, is entitled to payment of contributory family pension under Section VII of Part III of the K.S.R. The brief facts of the case are as follows.

(2.) The respondent is the daughter of late P.V. Joseph, who was an employee of the Kerala State Electricity Board. He retired from service in the year 1985. Upon retirement he was paid pension and other terminal benefits. He expired in the year 1997 and thereupon family pension was paid to his wife and the petitioner's mother Smt. Rebeka Joseph. She passed away on 27.11.2004. The petitioner thereupon moved the Kerala State Electricity Board claiming payment of family pension by submitting an application dated 17.12.2004. The Accounts Officer in the office of the Chief Engineer (HRM) declined the said request holding that as the petitioner is a married daughter she is not entitled to get family pension. Ext.P4 letter dated 1.3.2005 was thereupon sent to the Executive Engineer, the second respondent in the writ petition, with copy to the petitioner. The Executive Engineer was also directed to inform the petitioner accordingly. The Executive Engineer sent Ext.P3 letter dated 23.3.2005 to the petitioner informing her that she is not eligible for family pension, she being a married daughter of the pensioner. The petitioner, therefore, filed W.P. (C) No. 16858 of 2005 in this Court seeking the following reliefs:

(3.) The petitioner contended that the grant of family pension being a welfare measure to wade out the family members of the deceased pensioner from penury, the petitioner, a daughter who was given in marriage but was deserted by her husband within a few days of the marriage, should be treated as an unmarried or divorced or widowed daughter. She contended that though she was married to Sri. Jacob in 1971, after a few days of the marriage he deserted her. She also contended that ever since her husband deserted her, she was depending on her father and later on her mother late Rebeka Joseph, for her sustenance.