S.SHAFEEK Vs. STATE OF KERALA

JUDGEMENT

(1.) The children of the divorced wife of a deceased Government servant is before us claiming their rightful share of the DCRG and arrears of pension; due to their father in his life time. The said amounts were not paid to the employee, against whom there was pending a vigilance proceeding, which got abated on his death.

(2.) Earlier the second wife had approached the Lok Ayukta, who issued some directions, which were challenged by the State itself before this Court. This Court, by Annexure A3 judgment, directed the Government to treat the directions of the Lok Ayukta as recommendations and decide the matter in accordance with law. Annexure A4 was the order passed which was challenged by the petitioners before the Tribunal.

(3.) The dispute arose insofar as the DCRG and arrears of pension due to the Government servant during his life time. On facts, it has to be noticed that Shamshudheen married Shylaja Beevi; the mother of the petitioners on 27.02.1983, in which wedlock, the petitioners were born. Shylaja Beevi was divorced and Shamshudheen married Saleena Beevi on 04.07.1993. Saleena Beevi is the second respondent and the third respondent; her son in that marriage. Shamshudheen, who was a Government servant retired on 31.05.2006 and died on 22.11.2009. Admittedly, he was not paid any DCRG at the time of his retirement for reason of a pending enquiry. The arrears of pension were also due to him in his life time. The controversy arose after his death.