STATE OF KERALA Vs. M.R. KARUNAKARAN

JUDGEMENT

(1.) STATE of Kerala before us is aggrieved by the judgment of the learned Single Judge wherein Rule 6 A of Rule 90 of Part III Kerala Service Rules ("KSR" for short) was interpreted. The learned Single Judge opines that the ultimate object of sub rule 6 A of Rule 90 should be read down to mean that the parents would be entitled to the family pension if the wife remarries and the wife becomes disentitled for family pension.

(2.) AGGRIEVED by the said judgment, in the present appeal, contention of the State is that when Rule 90 (6A) of Part III K.S.R. provided how family pension would be admissible to the parents of the deceased and who are all included in the family as contemplated under sub rule 6 of Rule 90. The learned counsel takes us through Note 1 of sub Rule 6 of rule 90 as well as the decision reported in The Accounts Officer (Pension Sanction) v. Mariyamma - 2010 (2) KLT 241).

(3.) THEN coming to the payment of family pension one has to go by the Rules provided under the KSR. This is covered under Part III. "Family" includes the following persons who are entitled to get contributed family pension. Rule 90 (6) in Section VII of Part III K.S.R. reads as follows:-