M. SUHARA BEEVI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the widow of late K. Abdul Arif who died while in service on 9th August 1980. He took leave from 11th November 1976 to 10th November 1981. Petitioner submitted several representations before the authorities for family pension. Ultimately, her request was rejected by the Government vide Ext. P - 4 communication dated 30th October 1996. Government issued letter dated 27th January 1997 wherein it is stated that since her husband had no minimum qualifying service for pension, the period of leave granted will not count for pension. Reference was made to G.O. (P) No. 274/70 / Fin., dated 29th April 1970. Counsel for the petitioner brought to my knowledge the order which is in force in the case of the petitioner. Reference was made to Ext. P - 5 order dated 18th June 1980 whereby Government have effected amendment to the Kerala Service Rules, which is as follows:

(2.) Under such circumstances, I am of the view that petitioner is entitled to get family pension. Therefore, I am inclined to quash Exts. P - 4 and P - 5 orders and direct the respondents to disburse family pension to the petitioner from 9th August 1980 onwards. It is made clear that petitioner is also entitled to get six per cent interest per annum for the said amount. Arrears will be paid within a period of three months from the date of receipt of a copy of this Judgment.