LAWS(KER)-2011-4-73

JAYASREE Vs. SUPERINTENDENT OF POLICE

Decided On April 07, 2011
JAYASREE Appellant
V/S
SUPERINTENDENT OF POLICE Respondents

JUDGEMENT

(1.) THE petitioner is the wife of late K. Suseelan who retired from Government service as an Assistant Sub Inspector of Police. THE petitioner's husband Sri. Suseelan expired on 08.07.2008. At the time of sanctioning of pension, Sri. Suseelan had nominated the petitioner for the purpose of receiving arrears of pension and family pension. After the death of Suseelan, the petitioner was sanctioned family pension and she received family pension on 01.08.2008. But in the meanwhile the petitioner was informed by the 3rd respondent that since the 4th respondent has laid a claim for family pension as the wife of Suseelan, the family pension is being discontinued. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs:

(2.) THE petitioner's contention is that the 4th respondent was divorced by late Suseelan as per Ext.P4 order of the Sub Judge, Mavelikkara in O.P. (HMA) 17/94, which order is dated 12.06.1996 and from 12.06.1996 onwards, the 4th respondent ceased to be the wife of Suseelan and therefore the petitioner is the only legally wedded wife of Suseelan entitled to receive family pension in respect of the service of Suseelan.