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Judgment
The petitioner claiming to be the wife of late Sri M.A. Shukur has filed this writ petition for a direction to the State Government to grant family pension.
Admittedly, the petitioner married late M.A. Shukur on 23-9-1988 as per Shariat Muslim Personal Law. By that time the husband of the petitioner late Sri M.A. Shukur had retired from Government service on 31-3-1977.
The question that now arises for consideration is whether the petitioner who married a retired Government servant is entitled for family pension?
Rule 294 of the Karnataka Civil Service Rules provides for family pension. Rule 294(v) reads as follows.-
"Rule 294(v): No pension will be payable under this section.
(a) x x x
(b) x x x
(c) x x x
(d) x x x
(e) to a person who is not a member of Government servant''s family".
From the reading of that rule it is clear that if a person is not a member of the family of the Government servant is not entitled for any family pension. Admittedly, the petitioner married late Sri Shukur on 23-9-1988. The said Shukur retired from service on 31-3-1977. A person who had joined the Government service ceases to be a Government servant on his retirement from service. In the case on hand the petitioner married late Sri M.A. Shukur subsequent to his retirement and therefore, she cannot be considered as a member of the family of a Government servant as on the date of her marriage with Sri M.A. Shukur. Therefore, under the rule referred to above, the petitioner is not entitled for family pension. In the result, I pass the following:
ORDER
Writ petition is rejected.