K.A. PHILOMINA Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This Writ Appeal has been filed by the appellant challenging the judgment dated 31.3.2014 passed by the learned Single Judge in W.P(C).No.24646/13 filed by the appellant (hereinafter referred to as 'the writ petitioner').

(2.) The brief facts, which are giving rise to the appeal, are: Father of the appellant, late Sri.Anthrayose, Kariyadiparambu was a freedom fighter getting the Freedom Fighters' Pension under the Kerala Freedom Fighters' Pension Rules, 1971 (hereinafter referred to as 'the 1971 Rules'). Father of the petitioner died on 11.7.1985. Thereafter, petitioner's mother Smt.Stella Anthrayose was granted the benefit of family pension. Petitioner's mother also died on 13.9.2012. After death of petitioner's mother, the writ petitioner submitted a representation dated 8.10.2012 claiming continuation of pension under the 1971 Rules. A report was submitted by Tahsildar on the representation of the writ petitioner that although she is not legally married, but she has a son aged 25 years. It was reported that the writ petitioner was living with her nephew. The District Collector, vide letter dated 11.3.2013, rejected her claim for continuous Freedom Fighters' Pension. The District Collector observed that the writ petitioner cannot be treated to be dependent of her mother Stella Anthrayose, since she has a son of aged 25 years. The writ petitioner filed the Writ Petition praying for the following reliefs:

(3.) Learned counsel for the writ petitioner, in support of the Writ Appeal, submitted that the writ petitioner being unmarried daughter is fully entitled to continuous Freedom Fighters' Pension. He submitted that as per 1971 Rules as also by order dated 2.5.2012 inserting Rule 11A, by which rule, now dependent widowed daughters/divorced daughters are also entitled for continuous pension, the pension be continued to the writ petitioner.