Antony Dominic, J. The appellant filed W.P.(C) No. 19359/12 claiming that she is entitled to enhanced family pension consequent on the death of her husband Sri.M.K.Francis, who was an employee of the respondents. According to the appellant, she is presently getting `5,800/- plus dearness relief whereas in view of Exts.P4 to P6, she is entitled to get `9,667/- plus dearness relief. However, the learned single Judge held that Exts.P4 to P6 do not amount to amendment to the statutory rules and it is on that basis the claim has been negatived. At the same time, the learned single Judge has directed that her claim urged in Ext.P7 representation shall be examined and a decision shall be taken by the respondents. It is this judgment which is under challenge before us.
2. We heard the learned counsel for the appellant and also the learned standing counsel appearing for the respondents.
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3. Along with the appeal, the appellant has produced GO(P) No.226/2012/Fin. dated 18th of April, 2012, whereby the Kerala Service Rules have been amended, which according to the appellant incorporates Exts.P4 to P6 in the rules. Counsel further states that the relevant provisions of Annexure 1 Government Order referred to above are given effect from 30th of June, 1980. This, according to the learned counsel for the appellant, fully substantiates her claim.
4. As we have already stated, learned single Judge has directed the respondents to consider and pass orders on Ext.P7 where the claim of the appellant has been urged. In such a situation, the grievance of the appellant would be redressed if the respondents take into account Annexure 1 also when a decision on Ext.P7 is taken.
Accordingly, we dispose of this appeal directing that the respondents shall duly advert to Annexure 1 GO(P) No.226/2012/Fin. dated 18th of April, 2012 referred to above also
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as and when a decision on Ext.P7 is taken as directed in the judgment under appeal. The judgment will stand modified to that effect.
Rp //True Copy// PA to Judge Sd/-
ANTONY DOMINIC JUDGE Sd/-
ALEXANDER THOMAS JUDGE