STATE OF KERALA REP Vs. BHANUMATHY

JUDGEMENT

(1.) State is in appeal aggrieved by the order in RP No. 307/05 directing the appellant to disburse family pension due to the mother of the writ petitioner with effect from 13.6.1988.

(2.) It is contended by the Govt. pleader that as the incumbent who retired was not receiving any family pension, his widow was not entitled even to the liberalised family pension in terms of R.90 Part III KSR. it is further contended that daughter of the widow, who was entitled for family pension, is not eligible to claim the arrears.

(3.) Few facts are required to appreciate these contentions. The father of the writ petitioner was in service in a. school managed by the erstwhile Malabar District Board, He served in that school during the period from 4.6.1948 to 15.10.1995, the date or retirement. At that time even the Kerala Stare had not. been formed. The school was managed by the Malabar District Board. The service there was not pensionable. There was contributory provident fund scheme there. After his retirement he . was reemployed in an aided school on 17.10.1955 and retired from service on attaining the age of 60 years on 31.3.1961. By that time Kerala Stare had been formed and the Kerala Education Act and Rules were also enforced. But he did have only less than six years service to his credit. It was not sufficient to earn pension. Therefore he was not a Kerala Government pensioner. He died. It was far later than that a liberalised Family Pension Scheme was. introduced as is revealed by R.90 Part III KSR. The members of family of certain Kerala pensioners who retired before the introduction of liberalised family pension were not covered by that scheme. The Government considered this aspect and issued Ext.R1(a) Govt. Order dated 11.2.1986. By reason or this the members or family of those Kerala pensioners who retired or died before the introduction of the liberalised family pension also became entitled to family pension with effect from 1.1.86. Even though the father of the petitioner died on 26.11.1961, he did not come within its purview., as he had not been a pensioner. Any how Government in Ext. P5 dated 2.2.1993 issued orders granting the mother of the petitioner, the widow of the retired teacher, family pension at the minimum eligible rate. She came before this court seeking arrears from June, 1988 to February, 1993. On her death, the daughter, the writ petitioner got impleaded. The writ petition was dismissed holding that as the retired teacher was not a Kerala pensioner, his wife was not entitled to family pension with effect from 1988. There upon a review petition was tiled, The review petition was allowed directing payment of arrears from 13.6.1988 relying on R.14 J Part III KSR, It is in the above circumstances this Writ Appeal has been tiled by the State.