IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 12347 of 2004(T)
1. ANITHA G., W/O. LATE G.SUDHAKARAN,
... Petitioner
Vs
1. AIR OFFICER IN COMMAND, AIR FORCE
... Respondent
2. CONTROLLER OF DEFENCE ACCOUNTS
3. UNION OF INDIA REPRESENTED BY THE
For Petitioner :SRI.M.RAJAGOPALAN
For Respondent :SMT.T.D.RAJALAKSHMI, SCGSC
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :26/11/2007
O R D E R
KURIAN JOSEPH J.
----------------------------------------------
Writ Petition (Civil) No.12347 of 2004
----------------------------------------------
Dated 26th November, 2007.
J U D G M E N T
Petitioner approached this court aggrieved by
Ext.P7 communication from the first respondent to the effect that
the petitioner is not entitled not get family pension, in view of the
alleged pension from the Provident Fund. The issue is covered in
favour of the petitioner by Ext.P8 order of the Supreme Court.
The judgment dealing with the issue in full text is reported in
Union of India v. Visalakshy [1998(2) KLT 797 (DB)], wherein it
has been clarified that what is received from the Provident Fund is
not the pension, but the benefits flowing out of the contribution
already made. There is also a direction in the said judgment to
grant pension with 10% interest. I quash Ext.P7. There will be a
direction to the first respondent to disburse the pension due to
the legal heirs of the petitioner (It is submitted that the petitioner
passed away recently) with 10% interest, within one month from
the date of production of a copy of the judgment.
The writ petition is disposed of as above.
KURIAN JOSEPH, JUDGE.
tgs