AMBUJAKSHY AMMA G Vs. STATE OF KERALA

JUDGEMENT

(1.) Who is a "widow" for the purpose of Rule 90 in Part III of Kerala Service Rules, hereinafter referred to as the "K.S.R.", including, in particular, the provision therein, regulating the manner of disbursement of family pension in cases where the deceased employee is survived by more than one widow

(2.) Sri R. Gopinathan Nair, a Government servant, who retired on 30-6-1982, died on 24-4-1999. Admitting that he had married another woman, Smt. B. Rajamma, the Petitioner applied for family pension on the ground that she is also a widow of Gopinathan Nair. Though the Petitioner has fairly conceded in paragraph 1 of the writ petition that she contracted the relationship with Gopinathan Nair after he had married Rajamma, she claims entitlement to family pension after Rajamma expired on 26-9-1999 and relies on Ext.P-1 heirship certificate issued by the Tahsildar to evidence her relationship.

(3.) When she relied on a provision in Rule 90, this Court set aside the Government's adverse decision and relegated her, as per Ext. P-2 judgment, to the Government for re-consideration of her case. Thereafter, as per the impugned Ext. P-4 order, the Government again rejected her claim on the ground that only the legally wedded wife can be brought under the scheme of family pension and that the cohabitation that the Petitioner claims to have had with Gopinathan Nair, is not a legal relationship notwithstanding her claim as the mother of his children.