OUSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the father of Mathai who, while in Government service as a P. W. D. (B. & R) N. M. R. employee, passed away on 19-4-1971 as disclosed by Ext. P-1 certificate. At the time of his death in harness, he had 14 years of service to his credit. The writ petition was filed for two reliefs: (1) for granting family pension to the members of the family of deceased Mathai who were dependent on him for their livelihood; and (2) for giving employment assistance to petitioner's son Jolly Joseph. Both the reliefs having been denied by the respondents, the petitioner was constrained to bring this writ petition.

(2.) Para.2 of the counter affidavit shows that the said Mathai, now deceased, was in continuous service of the Government for 13 years, 2 months and 19 days. The application for employment assistance was submitted by Jolly Joseph as early as on 16-12-1975 Ext. P-6 is the copy of the application submitted by him.

(3.) As far as the claim for family pension is concerned, the respondents declined to grant it on the ground that the petitioner being a retired Village Man having income in excess of Rs. 240/- per annum, be was not entitled to family pension by virtue of the provisions contained in R.81(3)(a) of the Kerala Service Rules, Part III. The question is whether, because the petitioner was having an income as retired Village Man, his unmarried daughters who had been depending on deceased Mathai also should be denied the benefit of family pension. R.80 of the K. S. R., Part III reads as follows:-