KHADEEJA KAITHAKATH Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayers in the above Writ Petition (Civil) are as follows:

(2.) Heard Sri.V.A.Vinod, learned counsel appearing for the petitioner and Smt.A.C.Vidhya, learned Govt. Pleader appearing for the respondents.

(3.) It is stated that the petitioner is the wife of Poolakkal Moitheenkutty, who is the son of the deceased freedom fighter, late Poolakkal Muhammed Moitheen. The said freedom fighter was granted freedom fighter's pension, but he had died on 1.12.2000. That after his death, Smt.Kallingal Kunjipathumma was granted was granted freedom fighter's continuous pension and had received the said amounts and later she had also passed away on 4.6.2011, upon which the said pension granted was also stopped. The petitioner's husband, who is a son of the deceased freedom fighter is a mentally disabled person. Earlier as per the rules, only unmarried daughters were eligible for receiving freedom fighter's continuous pension after the death of the widow of the deceased freedom fighter. Later the competent authority of the 1st respondent State Government has consciously taken a new policy initiative and has issued Ext.P-1 notification as per G.O(P).No. 92/2012/GAD dated 2.5.2012, whereby it has been ordered to grant family continuous pension also to dependent widowed daughters/divorced daughters till their remarriage/ death and to the physically/mentally disabled dependent sons/daughters, who suffer severe physical or mental disability, which is certified by a duly constituted medical board, subject to the stipulations in Rules 10 and 11. The introductory part of Ext.P-1 G.O dated 2.5.2012 reads as follows: