RITU RAJ AWASTHI,J. - (1.) HEARD learned counsel for the appellants Sri R.D.Shahi and Sri Santosh Mishra for the respondents.
(2.) THE appellants-State of U.P., challenge the order dated 8.10.2009, passed by the learned Single Judge, allowing the benefit of family pension to the respondent no. 1, under the terms of the Government Order dated 31.3.1982, read with the G.O. dated 16.6.1984. The relevant facts which have given rise for passing the aforesaid order are that the husband of the respondent no. 1, Shiv Bahadur Pandey, on putting the service of about 12 years or so, died on 17.7.1977. He was appointed as Assistant Teacher in Subhash Pasupati Nath Vidyapeeth Inter College, Tiloi, Raibareily (hereinafter referred to as 'College'), sometime in 1968. Since he died only after putting the service of about 12 years, there was no occasion for him to give any option for award of pension under the 'Triple Benefit Scheme', which was introduced in the year 1965, nor under the new scheme dated 1.3.77, under which he could have given his option, sometimes in the year 1978.
(3.) THE Scheme under the Government Order dated 17.12.1965, provided in Clause 24 that the family pension would be payable to the families of those employees for a period of 10 years, who at the time of the death had put in at least 20 years' qualifying service, whether they died during the tenure of service or after retirement.;