- (1.) Smt. Malti Rai w/o Late Mahendra Nath Rai is before this Court assailing the validity of the judgment and order dated 29.2.2008 passed by the learned single Judge of this Court in Writ Petition No. 12297 of 2007 (Smt. Malti Rai v. State of U.P. & others) dismissing the writ petition as well as the order dated 6.11.2008 passed by the learned single Judge in Review Application No. 155477 of 2008 rejecting the same by mentioning that no ground is made out to review the order dated 29.2.2008.
(2.) Brief background of the case leading to filing of instant special appeal in brief is that husband of petitioner appellant Late Mahendra Nath Rai has been performing and discharging duties as Assistant Teacher at Janta Inter College, Attapur Ohani, District Azamgarh. Husband of the petitioner appellant has been appointed in the said institution in academic session 1972-73 and functioned till academic session 1976-77 and as his luck would have been he died on 3.6.1977 during his continuance in service. Thereafter, petitioner appellant has come forward stating that State Government has formulated a scheme on 31.3.1982 and therein family pension has been sought to be awarded to the teachers of the aided institutions which were being granted and were receiving the grant-in-aid as Junior High School, Intermediate College, Degree College and Primary School, in this background, petitioner appellant submits that in consonance with the Rule 3-Ka as her husband had died during service and he had to his credit continuous service for a period of one year, she was entitled for family pension. Petitioner appellant, in this background, claimed that as her husband was appointed as Assistant Teacher on 16.7.1972 and had died on 3.6.1977 and, as such, the husband of petitioner appellant has completed about five years of service as Assistant Teacher in the institution in question and in such a background as per the policy, that has been holding the field, family pension ought to have been accorded in her favour.
(3.) Petitioner appellant has proceeded to make a mention that another Government Order dated 16.6.1984 has been issued which was a clarificatory order in reference to the earlier Government Order dated 31.3.1982 mentioning therein that if otherwise the dependent of the teacher is entitled for family pension then even though the death of the teacher had taken place prior to 1.10.1981, dependent of that teacher is entitled for family pension as per the Government Order dated 31.3.1982 and, as such, dependent of the teacher will obtain the family pension. Petitioner appellant has also come forward by mentioning that U.P. Government issued another Government Order dated 5.1.1996 and provided therein that the contribution from the management in the CPF (Contributed Provident Fund) may be deposited with interest in the treasury in the account of Provident Fund and time frame has been provided for depositing the contribution from the management. Mention has also been made that said period has been extended from time-to-time and petitioner appellant claims that managerial contribution with regard to husband of petitioner appellant has been deposited 22.3.2002 and, in this background, it has been contended that petitioner appellant was entitled to receive family pension but as it was not being paid she preferred Writ Petition No. 46280 of 2006 (Malti Devi v. State of U.P. and others) and this Court on 25.8.2006 asked the authorities concerned to take decision and, thereafter, the authorities concerned has proceeded to take decision and non-suited the claim of petitioner appellant. Petitioner appellant, in her turn, assailed the said action by preferring Writ Petition No. 12297 of 2007 and said writ petition has been dismissed on 29.2.2008 and, thereafter, review application has been filed for reviewing the aforementioned order and same has also been rejected by the learned single Judge on 6.11.2008 and such decision taken by the learned single Judge has impelled the petitioner appellant to be once again before this Court.;