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V.BALAKRISHNA ERADI, G.VISWANATHA.IYER
MOTHER SUPERIOR, ADORATION CONVENT, KANJIRAMATTOM – Appellant
Versus
DEO, KOTTAYAM – Respondent
Key Points: - The life of a nun results in ceasing to have connection with the natural family for purposes of R.79, Part III, K.S.R. (!) (!) - A nun cannot be considered to have father, mother, or other relatives as defined in R.79 after taking perpetual vows, affecting eligibility under R.80 (!) (!) - Nominations under R.80 are valid when the nominee is not within the deceased’s living family as defined in R.79, Part III (!) - The petitioners are entitled to receive gratuity and pension benefits due to the deceased; orders denying payment are quashed (!) (!) - The court directs payment of the gratuity and pension benefits to the petitioners (!) - Context: cases concern two convents and nominations made by deceased nuns to receive gratuity/pension (!) (!) (!) - Facts: nomination by deceased nurses under R.80 after declaring no family under R.79; accountant general and DEO objections overturned (!) (!) - Legal principle: becoming a nun creates a civil death with respect to natural family for the purposes of pension/gratuity nominations under K.S.R. Part III (!) (!) - Final order: original petitions allowed; respondents directed to pay amounts due; no costs awarded (!)
1. These two original petitions are considered and disposed of together as a common question arises for consideration in them. In O. P No 3184 of 1974 the facts are the following The petitioner is the Mother Superior of Adoration Convent, Kanjiramattam. This Convent is one branch of a larger family of Sisters of the Adoration of the Blessed Sacrament governed by norms of Canon law and statutes approved by the Head of the Church. At an early age one Mariakutty Thomas became a nun and became a member of this Convent. She took the temporal vows in 1944 and the perpetual vows in 1949. After joining the order she was appointed as an L. P, School Assistant in L. F. L. P. School, Kanjiramattam. In due course she was promoted and appointed as High School Assistant in the school run under the management of the Diocese of Palai. She continued in this job till her death on 24 61972. As per R.3 of Chapter XXVII B of the Kerala Education Rules, 1959, teachers in aided schools are also governed by the Kerala Service Rules, Part III, as regards retirement benefits. According to R.80, Part III of the Kerala Service Rules, every officer on completion of five years of qualifying service
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