- (1.) This writ petition has been filed by the petitioner seeking quashing of the Regulation 24(1) of Uttar Pradesh Rajya Sahayata Prapt Shiksha Sansthaon Ke Karmchariyon Ki Anshdayee Bhavishya Nidhi, Bima Pension Niyamawali, 1964 (hereinafter referred to as Regulation, 1964 only).
(2.) This writ petition has been filed by the widow of late Jagdish Prasad Jain who was an Assistant Teacher in Sir Sadilal Intermediate College, Mansoorpur District Muzaffar Nagar. Her husband died on 25.9.1987 while still in service after having served the College for 27 years one month and 25 days. He is stated to have drawn a salary of Rs. 2,060/- as last drawn salary. Under the Regulation, 1964, the petitioner-widow was receiving family pension of Rs. 198/- per month which was allowed to her only for a period of 10 years since 29.9.1987 to 24.9.1997 in terms of Regulation 24(1) of the Regulation, 1964.
(3.) The petitioner has challenged the validity of the said Regulation 24(1) of the Regulation, 1964 on the ground that the fixation of payment of family pension for a period of 10 years only was wholly illegal and arbitrary and did not have any nexus with the act and object of the Rules or with the very purpose and object of providing financial relief to the widow of a deceased government employee by way of pension. Regulation 24(1) of the Regulation, 1964 reads as under: 585969-1;