Perpetual religious vows and civil death can remove natural relatives from "family" under service rules, validating nomination.

A nun who takes perpetual vows and enters a religious order may be treated as civilly dead to her natural family for purposes of the Kerala Service Rules. On that basis, the relatives named in the rule-based definition of "family" are not treated as family members, so the restriction that nomination for death-cum-retirement gratuity and pension benefits must be confined to family members does not apply. The text states that a nomination in favour of the Mother Superior was therefore valid, and objections to payment of the benefits were unsustainable.

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Issues: Whether, on a nun taking perpetual vows and entering a religious order, the members of her natural family cease to fall within the definition of "family" in Rule 79 of Part III of the Kerala Service Rules, so that a nominee who is not such a family member can validly receive death-cum-retirement gratuity and pension benefits under Rule 80.

Analysis: Rule 80 permits nomination of a person to receive gratuity and related benefits, but where the officer has a family the nomination must be confined to family members. The definition in Rule 79 includes specified blood relations. The decisive question was the legal effect of a religious profession under canon law. The Court held that the taking of perpetual vows and entry into a holy order amounts to a civil death as regards the natural family, severing the legal connection with parents and other relatives for the purposes of the service rules. On that footing, the deceased nun was to be treated as not having a family within Rule 79, notwithstanding the existence of blood relations.

Conclusion: The nomination of the Mother Superior was valid, the objections to payment were unsustainable, and the petitioner was entitled to receive the gratuity and pension benefits due to the deceased.

Ratio Decidendi: Where a person has taken perpetual religious vows and is regarded in law as civilly dead to the natural family, the relatives specified in the service-rule definition of family are not treated as family members for the purpose of restricting nomination under the gratuity rules.

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