IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 27TH JUNE 2008 / 6TH ASHADHA 1930 WP(C).No. 22963 of 2007(H) ----------------------------------------- PETITIONER: -------------------- SMT. LEELA, W/O LATE (266338)EX CORPORAL RADHAKRISHNAN KIDAVU, 34/85, "AMRUTHA HOUSE", THADAMBATTU THAZHAM, POST. KARAPARAMBA, KOZHIKODE DIST. BY ADV. SRI.V.K.SATHYANATHAN RESPONDENTS: ------------------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE, NEW DELHI. 2. PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS(PENSIONS), DRAUPADIGHAT, ALLAHABAD. 3. AIR OFFICER COMMANDING, AIR FORCE RECORD OFFICE, SUBROTO PARK, NEW DELHI. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.22963/2007 H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE REJECTION LETTER NO.RO/2853/266338/ 13671 HD/P&WW (FP) DTD. 31/01/2006. EXT.P2: COPY OF THE JUDGMENT DTD. 3/04/2002 IN O.P.NO.32884/2001 (M). EXT.P3: COPY OF THE JUDGMENT DTD. 22/06/2007 IN WP(C) NO.5562/2006. EXT.P4: COPY OF THE JUDGMENT DTD. 3/04/2002 IN O.P.NO.32884/2001 (M). RESPONDENT'S EXHIBITS: EXT.R(1): COPY OF THE GOVERNMENT LETTER. EXT.R(2): COPY OF THE RE-EMPLOYMENT CERTIFICATE. EXT.R(3): COPY OF PARAGRAPH 195(A) OF THE PENSION REGULATIONS FOR AIR FORCE (PART I/196). /TRUE COPY/ P.S.TO JUDGE Kss V.GIRI, J. ------------------------- W.P.(C).No.22963 of 2007 H ------------------------- Dated this the 27th day of June, 2008. JUDGMENT The petitioner's husband was discharged from Air Force on 31.01.1979. Thereafter he joined the New India Assurance Company Limited and while working in that company, he died on 10.01.2005. Apparently, the petitioner's late husband was getting pension from the Air Force and normally, the petitioner is, therefore, entitled to family pension from the Air Force. This has been denied to her vide Ext.P1 on the ground that she is in receipt of family pension from the New India Assurance and it is governed by the provisions of the General Insurance Employees Pension Scheme, 1995 and consequently, she is not entitled to defence pension from the Air Force. 2. The stand taken in Ext.P1 is to the effect that widows would be entitled to family pension from the Air Force, notwithstanding the receipt of family pension from the re-employer, only if the latter is governed by the Family Pension Scheme 1971 and the Employees Pension W.P.(C).NO.22963/07 :: 2 :: Scheme, 1995. This has been challenged in this writ petition. 2. The issue, in substance, is covered in favour of the petitioner by Exts.P2 and P3 judgments of this court, wherein it has been found, with reference to Regulation No.195 Pension Regulations, that the disability of a widow to receive family pension from the Air Force, inter alia, arises only when she is the recipient of a family pension from the Government. The New India Assurance Company, obviously, cannot be equated with a Government, though it is a statutory body and a General Insurance Company, a Government of India undertaking. Thus, the statutory Rules do not disable the petitioner from receiving the family pension from the Air Force. Any contra view that has been taken by the Ministry, obviously cannot derogate from the provisions of the statutory rules. In the result, Ext.P1 is quashed. It is declared that the petitioner is entitled to family pension as a legal heir and nominee to the family pension of late Ex- Corporal Radhakrishnan Kidavu. The petitioner is W.P.(C).NO.22963/07 :: 3 :: entitled to family pension from the Air Force from the 1st day of the month following the death of her husband and the same shall be disbursed within a period of three months from the date of receipt of a copy of this judgment. Arrears shall also be disbursed within the said period of three months. The petitioner would be entitled to interest at the rate of 8% on the arrears from the date of Ext.P3 judgment, by which the issue was settled categorically by this court. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy//