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2009 Supreme(Ker) 611

K.BALAKRISHNAN NAIR, V.GIRI, C.T.RAVIKUMAR
State Of Kerala – Appellant
Versus
Lucy Lonappan – Respondent


Advocates Appeared:For the Petitioners:Government Pleader. For the Respondents:P. Gopakumaran Nair, Advocate.

Judgment :-

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.












































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