JUDGMENT C.S. Rajan, J. 1. Petitioner is the widow of late K.M. Syed Ali who retired as an Executive Officer of a Panchayat on 24-6-65. He died on 25-6-1967 without receiving any pensionary benefits except gratuity. The petitioner's husband had put in qualifying service of eight years two months and 28 days. The first respondent as per Ext. P1 dated 13-9-1971 sanctioned a family pension of Rs.30.90 with effect from 26-6-67. But, no family pension was disbursed to the petitioner. She was making repeated representations before various authorities as evidenced by Ext.P2. The authorities were replying to the petitioner requesting her to produce the details of the pension order etc. Now the petitioner is aged 72 (in 1993). This Original Petition has been filed for a direction to the respondents to disburse the family pension as sanctioned in Ext.P4 with 12% interest. 2. In the statement filed on behalf of the first respondent, reference has been made to the letter of the Accountant General wherein the Government was informed that the petitioner's husband was not having the minimum qualifying service for pension and, therefore, the petitioner is not entitled to the family pension. It is not known the basis on which the Accountant General took his decision. No rule or orders have been mentioned by the Accountant General or by the Government in the statement. 3. My attention was drawn to R.90(4B) of Part III K.S.R. which reads as follows: "(4B) In case an employee who was in service on 31st March, 1964 and had opted not to be governed by these rules died on or after 1st January 1966 without exercising option within such period as may be prescribed by Government to avail himself of the benefits of the scheme under these rules the family pension as liberalised with effect from 1st January 1966 (vide sub-rule 4A) shall be payable to his family." Thus, it is very clear that a person who was in service on 31st March, 1964 and who died on or after 1-1-1966 without exercising the option is entitled to get the benefits of the liberalised family pension scheme. Note 1 makes it abundantly clear that the family pension is not to be paid to those government employees who had put in less than 7 years' continuous service prior to his death.
Note 1 makes it abundantly clear that the family pension is not to be paid to those government employees who had put in less than 7 years' continuous service prior to his death. Where a government employee dies after 14-11-1966 seven years' service either continuous or broken will be taken as seven years of qualifying service. In view of the above rule, it is difficult to sustain the action of the Accountant General as mentioned in the statement by the Government. This is another instance of bureaucracy taking an inhuman and rigid stand in the matter of granting family pension to a poor widow who has been fighting only for her legitimate share for a quarter of century. Therefore, I feel that it is a just case where the petitioner must be compensated for her agony for last so many years. I think interests of justice will be sufficiently met if this court orders payment of interest at the rate of 12% per annum from 26-6-1967 to 25-1-1993, the date of filing of this original petition. Thereafter till the date of payment the petitioner is entitled to get interest at the rate of 18% per annum. The above amount with interest must be paid to the petitioner on or before 31-7-1999. The original petition is allowed.