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TMI Blog1976 (2) TMI 188X X X X Extracts X X X X X X X X Extracts X X X X ..... onvent. She took the temporal vows in 1944 and the perpetual vows in 1949. After joining the order she was appointed as an L.P. School Assistant in L.F.L.P. School, Kanjiramattam. In due course she was promoted and appointed as high school assistant in the school run under the management of the Diocese of Palai. She continued in this job till her death on 24.6.1972. As per Rule 3 of Chapter XXVII B of the Kerala Education Rules, 1959, teachers in aided schools are also governed by the Kerala Service Rules, Part III, as regards retirement benefits. According to Rule 80, Part III of the Kerala Service Rules, every officer on completion of five years of qualifying service should nominate a person to receive any gratuity that may be sanctioned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , Kottayam, informed the Headmistress of the school that the petitioner's request for payment is inadmissible as per the K.S.R. Ext. P5 dated 8.4.1974 is the copy of the order of the District Educational Officer. The order of the Accountant General and the consequential order of the D.E.O. rejecting the petitioner's claim for payment are challenged in this original petition as unsustainable in law for the reason that the deceased on joining the order and becoming a nun ceased to have any family as defined in Rule 79, Part III, K.S.R. and, therefore, she was entitled to nominate the petitioner to receive D.C.R. gratuity to which she is eligible. In this connection the petitioner does not challenge that the deceased has blood relation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... word ( family ) in Rule 79, Part III, K.S.R. Rules 79 and 80 read as follows: 79. 'Family' for the purposes of this section will include the following relatives of the officer: (a) wife, in the case of a male officer; (b) husband, in the case of a female officer; (c) sons; (d) unmarried divorced and widowed daughters; (e) brothers below the age of is years and unmarried or widowed sisters; (f) father; (g) mother; (h) married daughters; and (i) children of a pre-deceased son. x x x 80. An officer shall, as soon as he completes five years of qualifying service, make a nomination conferring on one or more persons the right to receive any gratuity that may be sanctioned under Rules 75 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or she is put on probation. Postulantship is intended to give the superiors an opportunity to observe the candidate and the candidate an opportunity of becoming acquainted with the general obligations of tie religions life. After the period of this probation the candidate is admitted to the novitiate. Thereafter she is put to a canonical examination to nuke certain that she is acting with full knowledge of the case and with full liberty. If she gets through the examination she is required to take a temporary vow which is generally for a period of three years. During this period the superior will judge the fitness of the person to take the perpetual vow. After the expiry of the period of three years the religious shall either make his or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... separate enjoyment of any wealth, committed about as bad an offence as he could commit. This fiction, however, has its own limits. If a monk or nun does wrong or suffers wrong he or she is dealt with as though he were only an ordained clerk and tried by the ordinary courts. In respects of civil wrongs the rile is that the monk or nun could neither sue nor be sued without his or her sovereign A monk or nun could make no contract. But he or she is capable of acting at the agent of his or her sovereign and even in litigation he or she could appear as the superior's attorney. In the History of French Private Law included in the Continental Legal History Series, Vol. III, para 585, it is stated thus: Entering Religious Orders resulte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ke the perpetual vow. It is stated at page 330 that any religious in simple minor vows, must before joining the profession make a will disposing of all his or her property and cannot retain any property which later comes to them It automatically becomes the property of the order to which he or she belongs. This principle was followed in Kondol Row v. Swamulavaru A.I.R. 1918 Mad 402 to describe the status of a sanyasi under Hindu Law also. In the case of a sanyasi entrance to a religious order generally operates as a civil death. The man who becomes an ascetic severs his connection with the members of his natural family and being adopted by his preceptor becomes, so to say, a spiritual son of the latter. In Sital Das v. Sant Ram AIR1954SC6 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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