High Court Kerala High Court

Balakrishnan Nair vs State Of Kerala on 14 December, 2000

Kerala High Court
Balakrishnan Nair vs State Of Kerala on 14 December, 2000
Author: K A Gafoor
Bench: K A Gafoor

JUDGMENT

K.A. Abdul Gafoor, J.

1. The petitioner’s first wife was employed. She died. The petitioner thereafter got re-married. Now petitioner seeks family pension in respect of his deceased former wife. Petitioner attempts to substantiate his case on the basis of Ext. P1. That is a Government order making the spouse of the second marriage also entitled for family pension. That does not cover the petitioner’s case. The petitioner’s case is squarely covered by the statutory provision in sub-r. 7(a) of R. 90 of Part III K.S.R. The said provision reads as follows:

“The contributory family pension will be admissible:-

(a) in the case of widow/widower upto the date of death or remarriage whichever is earlier…..”.

This is a case of remarriage of the widower. In such circumstances, the petitioner cannot get family pension of his deceased first wife.

2. O.P. fails. Dismissed. No costs.