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1999 Supreme(Kar) 203
Karnataka High Court
Judges : Chandrashekaraiah
CHANDBEE BEGUM - Appellant
Versus
STATE OF KARNATAKA - Respondent
Writ Petition 17463 Of 1991
Decided On : 04/05/1999
Advocates Appeared :
N.P.Singri, Narayana Bhat
Marriage to a government servant after retirement does not entitle the spouse to family pension under Rule 294 of the Karnataka Civil Service Rules.
Headnote:
Family Pension - Entitlement of Spouse - Interpretation of Rule 294 of Karnataka Civil Service Rules
Fact of the Case:
The petitioner, claiming to be the wife of a retired government servant, sought family pension. The petitioner married the government servant after his retirement.
Finding of the Court:
The court analyzed Rule 294 of the Karnataka Civil Service Rules, which states that no pension will be payable to a person who is not a member of the government servant's family. The court concluded that the petitioner, having married the government servant after his retirement, cannot be considered a member of the family and is not entitled to family pension.
Issues: The issue was whether the petitioner, who married a retired government servant, is entitled to family pension under Rule 294 of the Karnataka Civil Service Rules.
Ratio Decidendi: The court interpreted Rule 294 and held that a person who marries a government servant after their retirement cannot be considered a member of the family for the purpose of family pension entitlement.
Final Decision: The writ petition was rejected, and the petitioner was deemed not entitled to family pension.
( 2 ) ADMITTEDLY, the petitioner married late M. A. Shukur on 23-9-1988 as per Shariat Muslim personal Law. By that time the husband of the petitioner late Sri M. A. Shukur had retired from government service on 31-3-1977.
( 3 ) THE question that now arises for consideration is whether the petitioner who married a retired government servant is entitled for family pension?
( 4 ) RULE 294 of the Karnataka Civil Service Rules provides for family pension. Rule 294 (v) reads as follows.
"rule 294 (v): No pension will be payable under this section. (a) x x x (b) x x x (c) x x x (d) x x x (e) to a person who is not a member of Government servant's family".
Prom the reading of that rule it is clear that if a person is not a member of the family of the government servant is not entitled for any family pension. Admittedly, the petitioner married late Sri Shukur on 23-9-1988. The said Shukur retired from service on 31-3-1977. A person who had joined the Government service ceases to be a Government servant on his retirement from service. In the case on hand the petitioner married late Sri M. A. Shukur subsequent to his retirement and therefore, she cannot be considered as a member of the family of a Government servant as on the date of her marriage with Sri M. A. Shukur. Therefore, under the rule referred to above, the petitioner is not entitled for family pension. In the result, I pass the following: order writ petition is rejected.
