IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WA.No. 1946 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.1632/2007 Dated 26/09/2007 .................... PETITIONERS:APPELLANTS: -------------------------------------------- 1. UNION OF INDIA, REP. BY ITS SECRETARY MINISTRY OF DEFENCE, NEW DELHI. 2. PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS(PENSION) ALLAHABAD. 3. OFFICER-IN-CHARGE RECORD OFFICE, THE MADRAS REGIMENT, WELLINGTON (NILGIRIS)-643307. BY SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GENERAL RESPONDENT:RESPONDENT: ---------------------------------------------- ELSY JOHN, W/O.LATE NK/TS C GEORGE JOHN NO.2571022, CHAKKUNGAL HOUSE, 15/285, UDYAMPEROOR-682 307. BY ADV. SRI. P.K.RAVISANKAR THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ W. A. No.1946 of 2008 ------------------------------------------------ Dated this the 6th day of October, 2008 JUDGMENT Koshy, J Respondent/writ petitioner is a widow of an ex-service man who was enrolled in the army on 27/09/1971. He was discharged with effect from 30/09/1988 with pensionary benefits. After his discharge from military, he was re- employed in the State Bank of India on 15/02/1994 and after about nine months from 21/11/04, he died. Till the date of death he was getting military pension. Under the Army Pension Regulation Scheme a widow is entitled to get family pension. That was denied on the ground that she was getting a small amount as family pension for the service rendered by her W. A. No.1946 of 2008 -2- deceased husband in the State Bank of India. The bank while granting pension did not take into consideration her husband's service in the military. In the above circumstances, after considering the rules, the learned Single Judge held as follows:- “It is declared that the petitioner is eligible for family pension under the Army pension Regulation and is not otherwise disentitled from receiving such family pension on account of the fact that she is in receipt of family pension attributable to the service rendered by her husband in the State Bank of India.” 2. A similar view was already taken by this Court in W.A.No.1445/03 and also by judgment dated 4th January, 2008 in W.A.No. 2945/07. We fully agree with the views of the learned Single Judge which are in consonance with the judgment of the Division Bench of this Court. W. A. No.1946 of 2008 -3- 3. Appeal fails and is dismissed accordingly. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-