The main legal point established in the judgment is that the entitlement of family pension to the parents of a deceased government employee is subject to the conditions under Rule 6A, and the absence of specific provisions for the situation after the widow's remarriage does not grant the parents the right to claim family pension or maintenance from the daughter-in-law.

Manjula Chellur, CJ.

1. State of Kerala before us is aggrieved by the judgment of the learned Single Judge wherein Rule 6 A of Rule 90 of Part III Kerala Service Rules ("KSR" for short) was interpreted. The learned Single Judge opines that the ultimate object of sub rule 6 A of Rule 90 should be read down to mean that the parents would be entitled to the family pension if the wife remarries and the wife becomes disentitled for family pension.

2. Aggrieved by the said judgment, in the present appeal, contention of the State is that when Rule 90 (6A) of Part III K.S.R. provided how family pension would be admissible to the parents of the deceased and who are all included in the family as contemplated under sub rule 6 of Rule 90. The learned counsel takes us through Note 1 of sub Rule 6 of rule 90 as well as the decision reported in The Accounts Officer (Pension Sanction) v. Mariyamma - 2010 (2) KLT 241).

3. In the present case it is not in dispute that one Sajithkumar, who was working as a Village Officer in the Revenue Department died on 10-11-1998 leaving behind him his wife and parents. Admittedly, the couple did not have children. Therefore, the wife and the parents of the deceased government servant were the legal representatives left behind by him.

4. Then coming to the payment of family pension one has to go by the Rules provided under the KSR. This is covered under Part III. "Family" includes the following persons who are entitled to get contributed family pension. Rule 90 (6) in Section VII of Part III

K.S.R. reads as follows:-

"90(6) "Family" for purposes of those rules, means the following relatives of the

employee, namely:-

a) Wife, in the case of male employee

b) Husband, in the case of female employee

c) Eldest eligible son/daughter (in the order of seniority) till marriage or till attaining the age of 25 years or till he/she gets employed, whichever is earlier.

d) Children suffering from Physical /mental disorder or disability.

e) Unmarried daughters above 25 years.

f) Son/daughter adopted legally before retirement

g) Parents (in equal shares)

h) Judicially separated wife

i) Judicially separated husband

j) Disabled divorced daughters

k) Widowed disabled daughters".

Note I. If there are no surviving members of the family as in items (a) to (e) above. Government may sanction family pension to the members, referred to in items (f) and (g) subject to the conditions prescribed in sub-r.6A. If the members referred to in items (a) to (g) are not surviving, the family pension may be paid to the member specified in items (h) or (i) as the case may be, provided the employee has included the details of such member also in Form 5 A. If judicially separated wife/husband is not included in the details of family furnished in Form 5 A, family pension is not payable to judicially separated wife/husband".

G.O. (P) 330/75/Fin.dated 23rd July, 1975.

Note 2: Legal marriage after retirement shall also be considered for the purpose of these rules. In such cases, the retired officer shall file a revised Form 5 A before the Accountant General after marriage. In cases where Form 5 A has not been filed due to death of the pensioner, the family pension will be sanctioned after observing the procedure laid down in Rule 118 (2) Part III, Kerala Service rules. In the case of second marriage after retirement, necessary certificates/documents from the authorities concerned duly certified by the Notary Public of the locality to the effect that the spouse of the first marriage is not alive and the marriage of the deceased Government servant with the applicant was lawful and legally valid one shall also be produced.

Note 3: The terms 'sons' and daughters' occurring in clauses (c ) and (d) of sub rule (6) include posthumous sons and posthumous daughters.

Note 4: In the case of disabled divorced daughter of a deceased employee/pensioner whose marriage has been legally annulled, family pension is admissible from the date on which h