Balakrishnan Nair, J.

The point that arises for decision in this appeal is, the validity of G.O(P)No.437/92/Fin. dated 24.6.1992 (Ext.P7), as per which, the family pension payable in terms of G.O.(P) No.146/86/Fin. dated 11.2.1986, was ordered to be paid only with effect from the date of submission of a valid application for grant of family pension. In view of the conflicting decisions of different Division Benches on this point, the matter has been referred by a Division Bench to the Full Bench for an authoritative pronouncement.

2. The brief facts of the case are the following:

The appellants herein were respondents in the writ petition. The respondent was the writ petitioner. The respondent/writ petitioner is the widow of late K.J.Lonappan, who was a constable (PC No.1792) in the Malabar Special Police, Malappuram. He died on 7.10.1962, while in service. The family pension was payable under Rule 90 of Part III, of the Kerala Service Rules (hereinafter referred to as "the K.S.R."), only to the dependants of Government servants who retired from service after 1.4.1964. To ameliorate the conditions of dependants of employees who retired earlier, the Government issued G.O.(P) No.146/86/Fin. dated 11th February, 1986. The said order reads as follows:

"At present Rule 90, Part III, KSRs., Liberalised Family Pension Scheme, applies only to those who were in service on 1st April 1964 and not opted out of it. Hence the families of Government Employees who retired or died before 1st April 1964 and who opted out of the scheme are not covered by the Scheme. The question extending the benefit of Liberalised Family Pension Scheme to the above category also has been under the consideration of Government for some time past.

2. Government after detailed examination are pleased to extent the benefit of Liberalised Family Pension Scheme to the eligible members of he families of all those Kerala Pensioners who retired/died before 1st April 1964 and to those who opted out of the scheme irrespective of the service rules applicable to them [such as T.S.R., C.S.R., M.F.R., Madras Pension Code, G.O. (Ms.) 1611/56, dated 30th August 1956 etc.] at the time of retirement/death in accordance with the provisions of Rule 90, Part III, KSRs. These orders are also applicable to the non-government employees such as Aided School Staff, Private College Staff, Staff of Local Bodies, etc., whose pensionary claims were settled under the provisions of KSRs. Part III.

3. Persons who are now to be granted the benefit of Family Pension will not be required to contribute two months emoluments. Similarly, no demand for refund of contribution already made by pensioners will be entertained by the Government.

4. The Treasury Officer of the Treasury from which the pensioner is/was drawing his pension will sanction minimum family pension on an application made in this behalf (see para 6). In death cases the Treasury from where the pensioner last drew his pension will sanction minimum family pension. The Treasury Officer will forward application

along with sanction to the Accountant General for issue of Family Pension Payment Order. If any pensioner/family pensioner feels that he is eligible to get more than the minimum he should apply for revision of family pension to the Treasury Officer, producing necessary documents to establish his claim. The rate of family pension will however be the rate applicable for retirements prior to 1st July 1978.

5. In the case of death while in service prior to 1st April 1964 and in the case of those who opted out of the scheme and died while in service after 1st April 1964 the application for family pension should be forwarded to the Accountant General through the Head of the Office in which the employee was serving at the time of death. The Head of the Office after satisfying the eligibility of the applicant, will accord sanction for minimum family pension and forward the application with necessary documents to the Accountant Gen