Decided on November 05,2012

Debuli Devi Appellant
State of U.P. and others Respondents


Kalyan Jyoti Sengupta, J. - (1.) THE helpless widow of one Sher Singh has approached this Court with this writ petition praying for the following reliefs: a) a writ, direction or order in the nature of mandamus directing the respondents to grant the interest on the amount of G.P.F. deposited by the husband of the petitioner, the difference of salary of the consolidated salary and salary in the prescribed pay scale with effect from 24 -8 -95 to 21 -1 -96 and family pension in accordance with law. b) any other suitable writ, order or direction that this Hon'ble Court may deem fit and proper in the circumstances of the case.
(2.) AFTER hearing the learned counsel for the petitioner, the writ petition is admitted. Learned counsel for the petitioner does not press for the reliefs of G.P.F., difference of salary of the consolidated salary and salary in the prescribed pay scale w.e.f. 24th August, 1995 to 21st January, 1996 but he is praying for family pension in accordance with law. The point which comes up for consideration is, whether in this case the petitioner is entitled to get family pension or not. Short fact of the case is as follows:
(3.) THE petitioner's husband was appointed as Chaukidar on 16th February, 1974 in the Junior High School Birwabinola/Liti District Almora (now district Bageshwar. The said appointment was made by the Deputy Inspector of School. The appointment was not a regular appointment, as such, the husband of the petitioner, namely, Sher Singh was paid consolidated salary. There is no dispute with regard to the appointment. He continued with the aforesaid salary. Thereafter, in course of time on or about 9th February, 1996, he was fitted to a regular pay scale of Rs. 750 -940. In the counter affidavit in paragraph 7, it has been admitted that husband of the petitioner was regularized on 24th August, 1995. After few months of regularization of service, he died in harness. In view of death in harness, the question of family pension does not arise.;

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