STATE OF KERALA Vs. V. AISHA KUNJU

JUDGEMENT

(1.) An aided school teacher (late K. Jaggafar) retired on 31/03/1963. After retirement, on 12/03/1964 he made an application for pension. That was returned stating that it is defective on 16/05/1965. Thereafter he could not resubmit the application. Later, he died on 12/12/1968. The widow was clamoring for the benefits due to her deceased husband towards retiral benefits. In the meantime, Ext. P8 order was issued extending the benefit of family pension to the families of Government employees who retired or died after 01/04/1964. Therefore, the widow of late K. Jaggafar too became eligible for family pension as well with effect from 01/01/1986 in terms of Ext. P8.

(2.) Family pension will be available to the widow of a pensioner. For that, pension had to be sanctioned. Sanction had not been made. In the meanwhile, Ext. P9 order was issued on 24/06/1992 making it clear that payment of family pension payable as per Ext. P8 would be made with effect from the date of the application.

(3.) Either pension or family pension was not granted. Therefore, the widow approached this court for a direction to pay arrears of pension and D. C. R. G., due to her husband, who died on 12/12/1968 and also to sanction family pension from 13/12/1968. The learned single Judge held that the deceased was entitled to pension and therefore, the petitioner/widow ought to have been granted the arrears of pension right from the date of retirement of K. Jaggafar with interest from 01/01/1969, as going by R.110(iii), the Head of Office ought to have taken appropriate action, in case of those who had died without filing an application for pension, to sanction pension. The learned single Judge also found that the widow was entitled to family pension as ordered in Ext. P8 notwithstanding the restriction contained in Ext. P9 from the date when the scheme was introduced as per Ext. P8 viz., 01/01/1986 and not from the date of death.