R.A. Sharma, J. - (1.) PETITIONER 's husband, who was a Sub -Inspector of Police in the Police Department of the Government of U.P., retired from service on 27 -2 -1951 and expired on 17 -12 -1960. Petitioner, being the dependent of her husband, has filed this writ petition for writ of mandamus commanding the Respondents, namely, the State of U.P. Superintendent of Police, Farrukhabad and the Accountant General (Pension), U.P. Allahabad to pay her arrears of family pension with effect from 1 -1 -1978 and continue to pay the said pension in future regularly every month as and when it falls due.
(2.) IN 1964 the Government of India introduced a Family Pension Scheme for its employees providing for family pension to the widow of these Government servants, who have exercised their option for family pension and in pursuance thereof had contributed two months' pay or certain amount in lieu thereof from their death -cum - -retirement gratuity. On 22 -9 -1977 the Central Government issued an order by which the aforesaid contributory family pension scheme was abolished and the widows of those Government servants who had exercised their option in pursuance of the 1964 scheme, were declared entitled to the family pension without any contribution. Although, the contributory family pension scheme was abolished in 1977 but the benefits were confined to the widows of only those Government servants, who had exercised their option earlier with the result that widows of those, who had not exercised option under 1964 scheme and had not made any contribution there under were not given the family pension under the new Family pension scheme of 1977 although under the new scheme the contributions were not required to be made by the Government servants. This in -equality led to filing of writ petitions, which were ultimately allowed by the Supreme Court in the case of Smt. Poonamal v. Union of India : AIR 1985 SC 1196, and directions were given for grant of family pension including the arrears to the widows of all the Central Government employees with effect from 22 -9 -1977. The contributory family pension scheme of 1964 of the Central Government was adopted by the Government of U.P. with effect from 1 -4 -1965 by its order dated 24 -8 -1966, a copy of which has been filed as Annexure 1 to the writ petition. Like the Central Government scheme of 1964, the benefits of family pension were given to the widows of those State employees who had exercised their option under the aforesaid scheme of 1965 and have made contribution of two months' salary in accordance therewith. When the Central Government abolished the contributory family pension scheme on 22 -9 -1977, the Government of U.P. also abolished its contributory family pension scheme of 1965 w.e.f. 1 -1 -1978 by its order dated 10 -5 -1978. As the State Government has followed the Central pattern, the similar position prevailed in the State after 1 -1 -1978, because the benefits of non contributory family pension under 1978 scheme were given to the widows of those State employees, who had exercised option under 1965 scheme. When the Supreme Court in the case of Smt. Poonamal (supra) by its judgment dated 30 -4 -1985 directed the Central Government to give family pension including the arrears to widows of all the Central government employees with effect from 22 -9 -1977 (the date of enforcement of 1977 scheme) U.P. Government also in pursuance of the aforesaid decision of the Supreme Court issued an order dated 8 -8 -1986 directing for payment of family pension to the widows of all State employees with effect from 1 -5 -1986. In pursuance of the decision Petitioner has been paid the family pension with effect from 1 -5 -86, Petitioner represented before the State for payment of family pension with effect from the date on which the 1978 family pension of scheme of the State was enforced, namely, 1 -1 -1978 but without any result. Petitioner has accordingly filed this writ petition for payment of arrears of family pension with effect from 1 -1 -1978.
(3.) WHILE considering the similar family pension scheme of 1977 of the Central Government, the Supreme Court has held the non -payment of family pension to the widows of those Central Government Employees, who had not exercised option under 1964 scheme as arbitrary and discriminatory. The relevant extract of the judgment of the Supreme Court is reproduced below: At the hearing of this group of matters we pointed out that since the family pension scheme has become non contributory effective from September 22, 1977 any attempt denying its benefit to widows and dependents of Government servants who had taken advantage of the 1964 liberalisations scheme by making or agreeing to make necessary contribution, would be denial of equality to person similarly situated and hence violative of Article 14 (If widows and dependents of deceased Government servants since after September 22, 1977 would be entitled to benefits of family pension scheme without the obligation of making contribution, those widows, who were denied the benefits on the ground that the Government servants have not agreed to make contribution could not be differently treated because that would be introducing an invidious classification among those who would be entitled to similar treatment.;