V AISHA KUNJU Vs. DEPUTY DIRECTOR OF EDUCATION

JUDGEMENT

(1.) A few questions affecting the pensioners, both retiring from service and retiring from life arise in this writ petition. What is the situation of a retired employee dying without submitting a formal application for pension What is the date of effect of family pension under the liberalised family pension scheme Date of death of the pensioner Date of application 1.1.1986 when the scheme was implemented

(2.) Petitioner has two grievances: (1) non disbursement of the pensionary benefits due to her late husband K. Jaggafar; and (2) non disbursement of family pension under the liberalised family pension scheme with effect from 1.1.1986. Late Jaggafar was a Drill Teacher in an aided school, of which the 3rd respondent is the Headmaster. He retired from service in March 1963. He retired from life on 12.12.1968. Till his death or even thereafter no orders were passed with regard to the pensionary benefits. It is not in dispute that Jaggafar was entitled to pension. The reasons stated for not sanctioning the pension was that the Teacher had applied for the pension only after his retirement. It is profitable to refer to the statement filed on behalf of the first respondent Deputy Director of Education :-

(3.) Part III of the Kerala Service Rules deals with pension. R.114 and 115 extensively deal with the procedure to be taken by the head of office in the matter of grant of pension. It is seen that the head of office has to initiate steps for getting the pension papers duly prepared by a retiring employee and that such steps are to be taken one year in advance of the date on which the government employee attains the age of superannuation. To the extent relevant the Rules read as follows:-