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2004 Supreme(Online)(Ker) 1518

KERALA HIGH COURT
Judge, J
Divl. Personnel Officer v. Karthiyani


Advocates:
For the Appellants/Petitioners:
For the Respondents: Sri. Paulson C. Varghese

1Ext. P1 order passed by the Labour Court, Kozhikode is under challenge. It arose from a petition submitted by the first respondent claiming arrears of family pension for the period from 1.9.1988 to 30.11.1994. The Railway administration had put up an objection that basically the petitioner cannot maintain a claim for family pension in view of the circumstance that her late husband was not a Railway servant, who was eligible to the benefits of family pension. But the Court had declined to consider this aspect since according to the Court, the issues stood settled between the parties in C.P.(C).153/83 and C.P.(C).197/88 pertaining to periods from 1975 to 1988. The Court observed the following:
"It is admitted that the said orders have become final and that the amount ordered to be paid under those orders were disbursed to her. That being so, the respondents are estopped from contending that the applicant is not entitled to any family pension. In view of all these I hold that the applicant is entitled to family pension."

2Learned counsel for the petitioners submits that orders referred to in Ext. P1 also had been subjected to challenge, but the challenge had been repelled by this Court
















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