High Court Kerala High Court

M.O.Suhara Beebi vs District Collector on 19 March, 2010

Kerala High Court
M.O.Suhara Beebi vs District Collector on 19 March, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 9202 of 2010(A)


1. M.O.SUHARA BEEBI, W/O.LATE A.M. KUNJAMMU
                      ...  Petitioner

                        Vs



1. DISTRICT COLLECTOR, ERNAKULAM DISTRICT.
                       ...       Respondent

2. TAHSILDAR (LA) PNATIONAL HIGHWAY

3. TREASURY OFFICER, SUB TREASURY,

4. SECRETARY TO GOVERNMENT, AGRICULTURAL

5. SECRETARY TO GOVERNMENT FINANCE

                For Petitioner  :SRI.K.A.JALEEL

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :19/03/2010

 O R D E R
                             S.SIRI JAGAN, J.

                      ==================

                       W.P.(C).No. 9202 of 2010

                      ==================

                Dated this the 19th day of March, 2010

                             J U D G M E N T

The petitioner is a retired Government servant receiving pension.

Her husband was also a Government servant who retired from service

who later died on 3.8.2006. After the death of the petitioner’s

husband, the petitioner was receiving family pension payable as the

widow of the late Government servant, A.M.Kunjammu. Thereafter,

the petitioner remarried on 21.1.2008 and family pension was stopped

with effect from 1.2.2008. The petitioner now contends that the

petitioner has subsequently divorced the second husband also and,

therefore, the petitioner is entitled to family pension as the widow of

late A.M.Kunjammu.

In so far as the rules do not permit payment of family pension to

a person who has remarried, the fact that the second marriage also

ended in a divorce would not enable a Government servant to again

seek family pension as the widow of the first husband. Therefore,

there is no merit in the writ petition and accordingly the same is

dismissed.

Sd/-

sdk+                                             S.SIRI JAGAN, JUDGE
          ///True copy///

                               P.A. to Judge

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