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2001 Supreme(Ker) 162

K.S.RADHAKRISHNAN, G.SASIDHARAN
Radhamony Amma – Appellant
Versus
State of Kerala – Respondent


Judgment :-

G. Sasidharan, J.

1. The claim of a widow for family pension was declined by saying that it is not possible to grant family pension without production of a certificate issued by a judicial officer stating that the marriage between the petitioner and the Government employee had not been dissolved. No judicial officer will issue a certificate stating that a marriage has not been dissolved and in effect the family pension to the widow stands denied. The appellant filed O.P. No. 11312/97 seeking direction to the respondents to grant and disburse family pension as permissible under law.

2. Learned Single Judge disposed of the Original Petition observing that the Government is bound to disburse the amount only to the children of the Government employee who had been nominated by him while in service. The learned Single Judge also observed that the nominees will hold the amount in trust for the other legal heirs also and who are all entitled to get the amount is a question which cannot be decided in the proceedings and the remedy open to the parties is to approach a civil court. The finding of the learned Single Judge that the Government is bound to disburse the amount due toward












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