P. RUKMANI AMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the widow of late Ramarajan Nair, who was the Sub Inspector of Police. Disciplinary action was taken against him and he was dismissed from service. The petitioner's husband was granted compassionate allowance at the rate of Rs. 372 per month with effect from 4th October 1993. But the petitioner's husband died on 1st March 1994. Therefore the amount could not be paid to him. The prayer in the Original Petition is to pay the above compassionate allowance to the petitioner and also the other benefits due to her deceased husband. There is also a prayer to continue to pay compassionate allowance to the petitioner.

(2.) The argument put forward by Sri N. Viswanatha Iyer, learned counsel for the petitioner is that compassionate allowance is also part of the pension and therefore as the legal representative of the deceased person, the petitioner is entitled to get the above amount considering it as part of the pension, The Government opposed the above argument.

(3.) Sri Jayasankar, learned Government Pleader invited my attention to the various Rules contained in Part III of the K.S.R. It is R.5 of Part III K.S.R. which deals with compassionate allowance. R.5 reads as follows: