JUDGMENT K. S. Radhakrishnan, J. 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: "(3) 'Contributory Family Pension' will be admissible in case of death while in service or after retirement on or after the 1st April 1964. In the case of death after retirement, the retired employee must have been at the time of death in receipt of a compensation, invalid, retiring or superannuation pension or pension granted on compulsory retirement by way of penalty." It is an admitted case that petitioner's husband died on 9th August 1980 and therefore Ext. P-4 is applicable in the instant case. Counsel for the petitioner brought to my knowledge a decision of the Division Bench in W.A. No. 1272/1994 wherein the claim for family pension was allowed. In that case, family pension was applied by a widow. Her husband died while he was in service. He had worked only for a period of four months. In the said case, on the basis of the order of Government G.O. (P) No. 390/80/Fin., dated 18th June 1980, it was held that wife is entitled to get minimum family pension. In the instant case, petitioner's husband had worked from 30th January 1973 to 9th August 1980. 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.
In the instant case, petitioner's husband had worked from 30th January 1973 to 9th August 1980. 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. Original Petition is disposed of as above.