JUVANA PIOUS Vs. STATE OF KERALA

JUDGEMENT

(1.) Is Ext. P5 order issued by the Government rejecting the claim of the petitioner for arrears of family pension from May 6, 1983 till May 21, 2005 illegal and unsustainable

(2.) Relevant facts may be briefly noticed.

(3.) Petitioner's late husband P. B. Pious retired on July 31, 1981 from the service of Cochin College, an aided institution while he was working as Watchman. Late Pious was recipient of service pension till his death on May 5, 1983. According to the petitioner, she had not submitted any application for family pension, since she was told by the colleagues of her husband and other staff of the college that she was not eligible to get the same. But petitioner claimed that during 2004 she came to know about her eligibility to receive the pension. Therefore, she submitted Ext. P1 application in July 2004. By Ext. P2 order dated January 23, 2006 respondent No. 2 sanctioned family pension to the petitioner with effect from May 22, 2005. Though the petitioner submitted Ext. P3 representation before respondent No. 2 requesting for grant of pension with effect from May 6, 1983, the said request was turned down by the Government as revealed from Ext. P5 order.