STATE OF KERALA Vs. LUCY LONAPPAN

JUDGEMENT

(1.) The point that arises for decision in this appeal is, the validity of G.O (P) No. 437/92/Fin. dated 24.6.1992 (Ext.P7), as per which, the family pension payable in terms of G.O.(P) No. l46/86/Fin. dated 11,2.1986, was ordered to be paid only with effect from the date of submission of a valid application for grant of family pension. In view of the conflicting decisions of different Division Benches on this point, the matter has been referred by a Division Bench to the Full Bench for an authoritative pronouncement

(2.) Government alter detailed examination are pleased to extent the benefit of Liberalised Family Pension Scheme to the eligible members of he families of all those Kerala Pensioners who retired/died before 1st April 1964 and to those who opted out of the scheme irrespective of the service rules applicable to them [such as T.S.R., C.S.R., M.F.R., Madras Pension Code, G.O. (Ms.) 1611/56, dated 30* August 1956 etc.] at the time of retirement/death in accordance with the provisions of Rule 90, Part III, KSRs. These orders are also applicable to the non-government employees such as Aided School Staff, Private College Staff, Staff of Local Bodies, etc., whose pensionary claims were settled under the provisions of KSRs. Part III.

(3.) The respondent/petitioner felt that, she is entitled to get family pension from 11.2.1986. So, she submitted a representation before the Government, a copy of which is produced as Ext.P5, claiming family pension from 11.2.1986 or at least from 5.7.2000, the date on which she submitted her first representation for family pension. The third appellant informed the respondent, by Ext.P6 communication dated 20.1.2004, that, it is not possible to grant retrospective effect to the grant of family pension/The petitioner came to understand that she was not being paid family pension with retrospective effect because of Ext.P7, G.O.(P) No. 437/92/Fin dated 24th June, 1992. The said order reads as follows: