Research › Search › Judgment

Kerala High Court · body

2001 DIGILAW 600 (KER)

State of Kerala v. Bhargavi Raghavan

2001-10-24

K.BALAKRISHNAN NAIR, K.S.RADHAKRISHNAN

body2001
Judgment :- K.S. Radhakrishnan, J. The question that has come up for consideration in these appeals is as to the interpretation of R.90(6A)(1)(ii) of Part-Ill of Kerala Service Rules by which family pension is ordered to be paid to a member of the deceased Government employee. 2. Writ Petitioner in O.P. 4966 of 2000 is the mother of one P.A. Paul who was a Lecturer of Bharat Matha College, Thrikkakara. He died on 1.10.84. After his death petitioner's husband was getting family pension at the rate of Rs. 349/- per month. Petitioner's husband died on 20.10.92. Petitioner being the sole legal heir submitted application for family pension on 26.4.1993. Petitioner did not get any reply from the authorities. Consequently she filed the Writ Petition seeking a writ of mandamus directing the authorities to sanction and disburse family pension with effect from 1.11.1992. 3. Original Petition 26141 of 1999 was filed by the mother of late V.R. Mohanan who died in harness. He was working as Police Constable at the Cochin Harbour Police Station. He died on 4.3.1971. Family pension was sanctioned by the Government of Kerala vide order dated 9.10.1974 to the husband of the petitioner. They were dependent on their son. Petitioner's husband died on 30.3.1994. Petitioner then submitted an application for getting family pension. Petitioner also produced relevant documents to show that she was a dependent. Since no action was taken she approached this Court and filed the Writ Petition seeking a writ of mandamus to sanction the family pension to her with effect from 1.4.1994. State has filed no counter affidavit in both these cases disputing their eligibility. Learned single judge allowed the Writ Petitions and directed the State Government and authorities to disburse the family pension as prayed for by the writ petitioners. Aggrieved by the same these appeals have been preferred. 4. Facts are not disputed. Stand of the State Government is that as per R.90(6A)(1)(iii) of Part III K.S.R. only one family pension is payable to the parents even if there is eligibility for family pension due to the death of more than one son or daughter. According to him, family pension is not applicable to more than one parent due to the death of an employee or pensioner. According to him, family pension is not applicable to more than one parent due to the death of an employee or pensioner. In other words, the stand of the State is that pension scheme applicable either to his father or mother as per R.90(6A)(i)(ii) of Part-Ill K.S.R. According to the State, Government had no intention to allow family pension to both father and mother simultaneously. Preference/ priorities mentioned in Note (1) under R.90(6), R.90(7) and R.90(8) do not indicate it would be payable to the mother in the death of the husband. 5. Contributory family pension payable to family of a Government employee is dealt with in Section VII of Part III K.S.R. The scheme was introduced with effect from 1st April 1964 as applicable to all regular employees on pensionable establishments under the Government governed by the Kerala Service Rules. The provision in sub- rr.1 to 13 of R.90 shall govern the grant of Family Pension under the Liberalised Family Pension Scheme. Under R.90(3) Contributory Family Pension would 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. Sub-r.(6) of R.90 defines the term "family" which takes in relatives of the employee including father and mother. In this case we are particularly concerned with the scope of R.90(6A) which we extract hereafter for easy reference: "6$. Notwithstanding anything contained in sub-r.6b above (1) Contributory family pension will be admissible to the parents (father/ mother) of the deceased Government employee if they were solely dependent on the deceased for maintenance and they have no other source of income or support for maintenance, and even in cases where the parents have an independent source of income of less than Rs. 4800/- per annum and they partly dependent on the deceased for maintenance and there are other extenuating circumstances, subject to the following conditions: (i) The employer was unmarried at the time of his/her death or if married, he/she had no wife/husband or minor children at the time of death. 4800/- per annum and they partly dependent on the deceased for maintenance and there are other extenuating circumstances, subject to the following conditions: (i) The employer was unmarried at the time of his/her death or if married, he/she had no wife/husband or minor children at the time of death. (ii) The parents of the deceased Government employee have no other living sons/ daughters who are well placed and the husband/wife, as the case may be of the beneficiary is also not well placed in life. (iii) Only one family pension will be payable to a person under the rule even if there may be claim for more than one family pension on account of death of more than one son or daughter. (2) The contributory family pension shall be payable to the father or mother according as the circumstances of each case. The family pension to the mother is payable only when the father is not alive. If, however, the circumstances of the case justify preferential treatment to the mother, the pension will be payable to the mother". The above mentioned rule would show that contributory family pension would be admissible to the parents (father/ mother) of the deceased Government employee if they were solely dependent on the deceased for maintenance and they have no other source of income or support for maintenance in cases where the parents have an independent source of income of less than Rs. 4800/- per annum and they partly dependent on the deceased for maintenance and there are other extenuating circumstances subject to certain conditions family pension would be payable. The contention of the learned Government Pleader is that R.90(6A)(1)(iii) would indicate that only one family pension would be payable to a person under the Rule. Father of the Government employee would get the pension and on the death of the father the mother is not entitled to contributory family pension. We are of the view the contention raised by the learned Govt. Pleader cannot be accepted. 6. We find no restriction in the Rule that on the death of the father the mother is not entitled to contributory family pension and vice versa. The expression "family" has been defined under R 90(6) of Part III K.S.R. which takes in father as well as mother. R.90(6A)(1)(iii) says that only one family pension will be payable. 6. We find no restriction in the Rule that on the death of the father the mother is not entitled to contributory family pension and vice versa. The expression "family" has been defined under R 90(6) of Part III K.S.R. which takes in father as well as mother. R.90(6A)(1)(iii) says that only one family pension will be payable. The above expression would mean that only one family member would be admissible at a time. On the death of one family member who was eligible to get family pension under the scheme there is no reason why another member of the family is not admissible if he satisfies the definition of family under R.90(6) of the Kerala Service Rules. Eligibility to pay contributory family pension would be determined on the basis of report in the Form in Annexure (1) of the Tahsildar of the Taluk in which the person lives. Of course contributory family pension would be admissible to the parents (father/ mother) of deceased Government employee only if they establish that they were solely dependent on the deceased for maintenance and they have no other source of income or support for every maintenance. It may also be relevant to note that contributory family pension could be denied if the parents of the deceased Government Employee have other sons or daughters who are well placed. 7. We are of the view interpretation given by the learned Government Pleader that only one family pension is given to either of the parents and if one of them dies the other is not entitled to family pension cannot be accepted. We are of the view if the applicant is father or mother as the case may be satisfies the conditions in R.90(6A) there is no reason to deny them contributory family pension. In case of death of the father, mother is entitled to get continued contributory family pension provided that she satisfies the conditions laid down in R.90. We therefore hold that petitioners are eligible to make application for family pension under R.90 Part III K.S.R. in the event of which the same would be considered and appropriate orders would be passed within a period of one month from the date of receipt of copy of the judgment. Both the appeals are disposed of as above.