STATE OF KERALA Vs. BHARGAVI RAGHAVAN

JUDGEMENT

(1.) The question that has come up for consideration in these appeals is as to the interpretation of R.90(6A)(1)(ii) of Part - III of Kerala Service Rules by which family pension is ordered to be paid to a member of the deceased Government employee.

(2.) Writ Petitioner in O.P. 4966 of 2000 is the mother of one P.A. Paul who was a Lecturer of Bharat Matha College, Thrikkakara. He died on 1.10.84. After his death petitioners husband was getting family pension at the rate of Rs. 349/- per month. Petitioners husband died on 20.10.92. Petitioner being the sole legal heir submitted application for family pension on 26.4.1993. Petitioner did not get any reply from the authorities. Consequently she filed the Writ Petition seeking a writ of mandamus directing the authorities to sanction and disburse family pension with effect from 1.11.1992.

(3.) Original Petition 26141 of 1999 was filed by the mother of late V.R. Mohanan who died in harness. He was working as Police Constable at the Cochin Harbour Police Station. He died on 4.3.1971. Family pension was sanctioned by the Government of Kerala vide order dated 9.10.1974 to the husband of the petitioner. They were dependent on their son. Petitioners husband died on 30.3.1994. Petitioner then submitted an application for getting family pension. Petitioner also produced relevant documents to show that she was a dependent. Since no action was taken she approached this Court and filed the Writ Petition seeking a writ of mandamus to sanction the family pension to her with effect from 1.4.1994. State has filed no counter affidavit in both these cases disputing their eligibility. Learned single Judge allowed the Writ Petitions and directed the State Government and authorities to disburse the family pension as prayed for by the writ petitioners. Aggrieved by the same these appeals have been preferred.