KANWAR DEVI Vs. REGIONAL PROVIDENT FUND COMMISSIONER

JUDGEMENT

(1.) THIS writ petition has been filed with the prayer that Regional Provident Fund Commissioner be directed to grant and pay family pension to the petitioner under the provisions of Employees Provident Fund and other Miscellaneous Provisions Act, 1952 from the date of death of her husband and be further directed to pay family pension to the petitioner as her husband was an ex -army man and retired from the services of the Army on 10.1.1971 having rendered services from 10.1.1956 till then.

(2.) CONTROVERSY raised in this writ petition is squarely covered by the judgment of Kerala High Court in T.A. Prabhavarthy v. UOI O.P. No. 6920/1989 decided on 21.3.1994. In fact, this writ petition was filed in the year 1988. The respondents have all along been contending that the aforesaid judgment of Kerala High Court was challenged before the Supreme Court. This matter was listed on number of dates and was adjourned enabling the respondents to show as to what was the outcome of the SLP filed by them before the Supreme Court. But till date, the respondents are not in a position to show that the aforesaid judgment has been reversed.

(3.) IN the result, the writ petition is allowed. The respondent Union of India is directed to pay to the petitioner family pension from the date of death of her husband and continue to pay till she survives. Petitioner shall also be entitled to arrears of the family pension together with interest @ 9% per annum. It is however made clear that the petitioner would also be entitled to payment of family pension from the Provident Fund Commissioner in addition to the family pension which she would be receiving from Union of India in lieu of services rendered by her late husband in the Indian Army from 10.1.1956 to 10.1.1971.