IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WA.No. 296 of 2005() -------------------- AGAINST THE JUDGEMENT IN OP.7948/2002 Dated 27/09/2004 .................... APPELLANTS: ----------- 1. STATE OF KERALA, REP. BY THE COMMMISSIONER AND SECRETARY TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM. 3. THE ACCOUNTANT GENERAL, (A&E) KERALA, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.SANDESH RAJA RESPONDENTS: ------------- MARY VARGHESE, MUPPARATHARA HOUSE, THIRUVARPPU P.O. KOTTAYAM, NOW RESIDING AT VALOCHALIL HOUSE, PALLIKKARA P.O. ERNAKULAM. BY ADV. SRI.CHERIAN VARGHESE THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== W.A.No.296 of 2005 ===================== Dated this the 29th day of May, 2008. JUDGMENT Koshy,J. The petitioner prayed for family pension from the date it became due, namely when the petitioner's husband died. The petitioner's husband died on 7.7.1953. The family pension scheme was implemented in 1986, The right of the petitioner to get family pension is not disputed. According to the Government, in this case the application for family pension was filed even before the scheme was framed. The learned single Judge applying the decision in Aisha Kunju v. Deputy Director of Education - 2004(2) K.L.T. held that the right to family pension is being part of the guarantee under Article 21 of the Constitution, there is no justification in limiting the same to the date of submission of the application. In this case, even before the scheme was framed the application was filed. After the scheme also application was filed. Further the decision in Aisha WA 296/05 -: 2 :- Kunju's Case was upheld by the Division in W.A.No.192 of 2005. Hence, there is no merit in the Writ Appeal and the same is dismissed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 29/5