The High Court of Kerala dismissed the appeal by the Department challenging the grant of family pension to the widow of a former Army officer who also received pension from LIC, holding that LIC is not a Government entity.
Writ of appeal dismissed; judgment of the single judge awarding family pension to the petitioners respondent stands affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH &
THE HONOURABLE MR. JUSTICE KURIAN JOSEPH
WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931
WA.No. 1629 of 2009()
--------------------AGAINST THE JUDGEMENT/ORDER IN RP.120/2007 Dated 02/11/2007 AGAINST THE JUDGEMENT/ORDER IN WPC.30124/2005
APPELLANT(S): RESPONDENTS
BY ADV. SMT.MOLY.E.V., CGC
RESPONDENT(S):
K.P. RATHNA LATHA, W/O.T.K.GOVINDAN UNNY CHEROOD KALAM, KELATH PAKAVATH HOUSE THIRUVALLWAMALA, PATTIPARAMBA P.O. TRICHUR DISTRICT.
BY ADV.SRI.P.K.RAVISANKAR
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
S.R.BANNURMATH, C.J. & KURIAN JOSEPH,J.
W.A.No.1629 of 2009
Dated this the 5th day of August, 2009
JUDGMENT
S.R.Bannurmath, C.J.
The respondents, Union of India and the Defence, have filed this appeal challenging the judgment of the learned single Judge dated 7-3-2006 in W.P.(C)No.30124/2005 setting aside the order of the respondents/appellants refusing to pay family pension to the writ petitioner.
and only after the application of the petitioner-widow to pay family pension, the impugned order refusing to give pension is passed.
W.A.No.1629 of 2009
-:2:-
“A family pension will not normally be granted if and for so long as an individual is in Government employment or is in receipt of another pension from Government.”
A bare reading of these Regulations clearly indicate that in order to disentitle a person from receiving pension he must be in receipt of a pension from the Government. Admittedly LIC employment is not a Government service and as such receipt of family pension from LIC by the petitioner shall not come in the way of the petitioner receiving family pension from the Army.
W.A.No.1629 of 2009
-:3:-
Considering this aspect and especially the law declared in this regard by this court in the case of Union of India v. Elsy John, decided on 6th October 2008 in W.A.No.1946/2008, we find the learned single Judge was justified in granting the pension. Hence we find no merit in the appeal. It is accordingly dismissed.
S.R.BANNURMATH, Chief Justice
KURIAN JOSEPH, Judge
ahg.
BANNURMATH, C.J. & KURIAN JOSEPH,J.
W.A.No.1629 of 2009
JUDGMENT
5th August, 2009
2 issues framed by the court
Whether a widow entitled to family pension from LIC (a non-Government entity) is disentitled from receiving family pension from the Army under Regulations 219 and 222.
Whether receipt of pension from a non-Government service like LIC satisfies the condition of 'receipt of another pension from Government' under Army Pension Regulations.
Colour shows how this judgement treated each authority
Union of India v. Elsy JohnRelied on¶30
Union of India v. Elsy John
2 provisions across 1 enactments
Union of India Represented by Secretary, Ministry of Defence, New Delhi
Principal Controller of Defense Accounts (Pension) Allahabad
Officer I/C Records E.M.E. Records, Secunderabad
K.P. Rathna Latha
S.R.Bannurmath
Kurian Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
