Arrears of pension

ABRAHAM JOEL (Querist) 17 April 2016 This query is : Resolved
As per Rule 135 Part III Kerala Service Rules if a pension remains undrawn for more than three years, the pension will cease to be payable. But the period of limitation for drawal of pension as per Article 56(b) (iii) of Kerala Financial Code Volume I, is twelve years. As there is repugnancy which will prevail- the Code or the Rule?. Which is the parent Act under which the Kerala Service Rules and the Kerala Codes such as Financial Code, Treasury Code etc are framed?

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P. Venu (Expert) 18 April 2016
What are the facts and the issues in dispute?

Rajendra K Goyal (Expert) 19 April 2016
Both acts are applicable till some ruling by competent court or ambiguity, if any, is removed by amendment Act.

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