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Kerala High Court

State Of Kerala vs Mary Varghese on 29 May, 2008

Author: Koshy

Bench: J.B.Koshy, P.N.Ravindran

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 296 of 2005()


1. STATE OF KERALA, REP. BY THE
                      ...  Petitioner
2. THE DEPUTY DIRECTOR OF EDUCATION,
3. THE ACCOUNTANT GENERAL, (A&E)

                        Vs



1. MARY VARGHESE, MUPPARATHARA HOUSE,
                       ...       Respondent

                For Petitioner  :GOVERNMENT PLEADER

                For Respondent  :SRI.CHERIAN VARGHESE

The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :29/05/2008

 O R D E R
                J.B.Koshy & P.N.Ravindran, JJ.
               =====================
                      W.A.No.296 of 2005
               =====================

            Dated this the 29th day of May, 2008.

                           JUDGMENT

Koshy,J.

The petitioner prayed for family pension from the date it became due, namely when the petitioner's husband died. The petitioner's husband died on 7.7.1953. The family pension scheme was implemented in 1986, The right of the petitioner to get family pension is not disputed. According to the Government, in this case the application for family pension was filed even before the scheme was framed. The learned single Judge applying the decision in Aisha Kunju v. Deputy Director of Education - 2004(2) K.L.T. held that the right to family pension is being part of the guarantee under Article 21 of the Constitution, there is no justification in limiting the same to the date of submission of the application. In this case, even before the scheme was framed the application was filed. After the scheme also application was filed. Further the decision in Aisha  WA 296/05 -: 2 :- Kunju's Case was upheld by the Division in W.A.No.192 of 2005. Hence, there is no merit in the Writ Appeal and the same is dismissed.

J.B.Koshy, Judge.

P.N.Ravindran, Judge.