- (1.) The Petitioner claims family pension after the death of her husband on 24th September. 1976. The Petitioner's husband was a teacher in a school maintained by the Basic Shiksha Parishad and governed by the provisions of the Uttar Pradesh Basic Education Act, 1972 and the Regulations framed there under.
(2.) The Petitioner's husband was appointed on 19.7.1962. After 14 years of his appointment, he died. The family pension scheme then existing was known as triple benefit scheme promulgated on 17.12.1965. According to the said scheme a family pension would be payable as per Clause 24, which is quoted below: 24. (1) A family pension not exceeding the amount specified in Sub-rule (2) below may be granted for a period of 10 years to the family of an employee who dies either while still in service or after retirement, after completion of not less than twenty years of qualifying service: Provided that the period of payment of family pension shall in no case extend beyond a period of five years from the date on which the deceased employee would have attained the age of superannuation. Note.--In case where the qualifying service is less than the prescribed minimum the deficiency should not be condoned.
(3.) There is no dispute that a new pension scheme was introduced w.e.f. 1.3.1977 through a notification dated 8th March, 1978. It is, therefore, clear that since this scheme was promulgated subsequent to the date of death of the Petitioner's husband, the same would not be applicable.;