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Issues Involved:
1. Validity of nomination for gratuity and pension benefits under Rule 80 of Part III, Kerala Service Rules (K.S.R.). 2. Definition and applicability of "family" under Rule 79 of Part III, K.S.R. 3. Legal consequences of taking religious vows on family status and inheritance rights. Issue-wise Detailed Analysis: 1. Validity of Nomination for Gratuity and Pension Benefits: The core issue in both petitions is whether the nomination of the Mother Superior by the deceased nuns to receive their gratuity and pension benefits is valid under Rule 80 of Part III, K.S.R. The deceased nuns had nominated the Mother Superior of their respective convents to receive these benefits. The Accountant General and the District Educational Officer rejected these nominations on the grounds that the nominees did not fall under the definition of "family" as per Rule 79 of Part III, K.S.R. The court examined whether the nominations were legally sustainable given the specific circumstances of the deceased nuns who had taken perpetual religious vows. 2. Definition and Applicability of "Family" under Rule 79 of Part III, K.S.R.: Rule 79 defines "family" to include specific relatives such as spouse, children, parents, and siblings. The court analyzed whether the deceased nuns, who had taken perpetual vows and thereby severed their ties with their natural families, could still be considered to have a "family" under this rule. The court referred to various legal and religious texts to understand the implications of taking religious vows, which generally result in a form of "civil death," severing all legal and familial ties with the natural family. 3. Legal Consequences of Taking Religious Vows on Family Status and Inheritance Rights: The court delved into the formalities and legal consequences of taking religious vows among Catholics. It was established that upon taking perpetual vows, a nun ceases to have any proprietary rights and is considered to have severed all connections with her natural family. This was supported by references to the Catholic Encyclopedia, Pollock and Maitland's History of English Law, and other legal texts. The court concluded that the effect of taking perpetual vows is such that the nun is considered legally dead to her natural family, thereby nullifying the applicability of Rule 79 to her situation. Judgment: The court held that the deceased nuns, having taken perpetual vows, ceased to have any connection with their natural families as defined in Rule 79 of Part III, K.S.R. Consequently, they were entitled to nominate the Mother Superior of their convents under Rule 80. The objections raised by the Accountant General and the District Educational Officer were deemed legally unsustainable. The court quashed the orders rejecting the nominations and directed the respondents to pay the gratuity and pension benefits to the petitioners (Mother Superiors) in each case. The original petitions were allowed, but no order as to costs was made.
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