- (1.) HEARD Shri Sandeep Dixit, learned Counsel appearing for the review petition.
(2.) THIS application, for review of the judgment dated 13.11.2009 delivered by Hon'ble Sibhat Ullah Khan and Hon'ble Anil Kumar, J.J., has been placed before us with the nomination of Hon'ble Senior Judge dated 19.1.2010 to be laid before a Division Bench of which Hon'ble Anil Kumar, J. is a member. The petitioner is widow of late Dr. Jai Mangal Singh. He was appointed as Principal of Pratap Bahadur Post Graduate College, affiliated to Dr. Ram Manohar Lohia Awadh University, Faizabad on 1.7.1991. He died on 5.5.1994 discharging the duties on the post of Principal of the College. Her family pension was fixed at Rs. 3600/ - per month on the basis salary of her husband on the post of Principal in the pay scale of Rs. 3500 -7500 (now revised as Rs. 12,000 -18300 by 5th Pay Commission). The petitioner prayed for directing the opposite parties to revise the family pension and arrears @ 30% of the minimum of the pay scale of Rs. 16, 400 -22,400 admissible to the post of Principal of Post Graduate College with all consequential benefits w.e.f. 1.1.1996. She also prayed for arrears to be paid to her with 18% interest per annum.
(3.) BY the judgment dated 13.11.2009 sought to be reviewed by the petitioner it was held that the petitioner's husband was initially appointed as Principal in Pratap Degree College, Pratapgarh. Later on the said institution was upgraded as Post Graduate College. On the recommendation of the Committee of Management of the College, the State Government had granted temporary affiliation for post graduate courses with certain conditions including that the State Government would not bear the expenses of salary etc. consequent to new affiliation for running post graduate courses and the College would be solely liable to such financial burden. On such condition the College was granted temporary affiliation to run the post graduate courses and the post of Degree College Principal was raised to the level of Post Graduate College Principal and the petitioner's salary was fixed in the pay scale of Rs. 4500 -7300 (now revised as Rs. 16,400 -22,400 w.e.f. 1.1.1996) at Rs. 4500 per month and on the basis of which after his death the petitioner's family pension was fixed at Rs. 3600/ - per month.;