KARUNAKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The Petitioners are parents of late Mr. Sajith kumar, who died on 10.11.1998, while working as a Village Officer in the Revenue Department of the Government of Kerala. He left behind him, apart from the Petitioners, his wife. The couple had no children. The wife was being paid family pension as per the order dated 14.9.1999. The wife got remarried on 11.12.2005. Thereafter, the 5th Respondent sanctioned family pension to the 1st Petitioner, by Ext.P2 order, and forwarded the same to the 4th Respondent for verification. By Ext.P4, the 4th Respondent replied that the 1st Petitioner is not eligible for family pension in view of Sub-rule (6A) (i) of Rule 90 of Part III of KSR. The Petitioners filed this Writ Petition challenging Ext.P4 as well as the constitutional validity of Clause 6A (i) of Rule 90 of Part III of K.S.R, seeking the following reliefs;

(2.) A counter affidavit has been filed on behalf of the 2nd Respondent supporting Ext.P4.

(3.) I have considered the rival contentions in detail.