State of Kerala and Others vs Janamma P.

Thottathil B. Radhakrishnan, J.—We have heard the learned Government Pleader. The only issue is as to whether the learned Tribunal has correctly interpreted the Government Order dated 17/06/1997. That Government Order was a measure of compassion to the families of State Government servants and All India Service Officers, who died in harness. Government had ordered that in the unfortunate event of a Government employee dying-in-harness, his liabilities due to the Government up to Rs. 2,00,000/- (Rupees two lakhs only) will be written off. The next sentence of that Government Order says that such "liabilities" will include House Building Advance, Motor Conveyance Advance and any interest free loan given for the treatment of the employee. The use of the word "include" in the second sentence clearly indicates that the said sentence was not intended as a tool to define the entire concept of liabilities that would fall within the canopy of Rs. 2,00,000/- (Rupees two lakhs only), which was to be written off. We have looked into this from this angle, though what is for interpretation and construction is a Government Order and not a statutory provision. The predominant declared intention is that in the unfortunate event, an amount of Rs. 2,00,000/- shall be set off. Any other view would be violative of that Government Order.

For the foregoing reasons, we find no illegality or jurisdictional error or infirmity in the order of the Tribunal warranting interference in exercise of authority under Articles 226 and 227 of the Constitution of India. Hence, this original petition fails.

In the result, this original petition is dismissed in limine.