- (1.) Heard learned counsel for the petitioners; learned Standing Counsel for the respondents; and have perused the record.
(2.) At the outset, to obviate any confusion that may arise from the cause title of this petition, it is clarified that though the title of this petition suggests that the petition has been filed by Dr. Prem Shankar Tiwari, but, at the time of filing of the petition, he was not alive. In fact, his widow, namely, Smt. Saroj Tiwari, has filed this petition by describing herself as petitioner no.1/1. However, this being a technical defect, it should not come in our way in deciding the matter on merits.
(3.) Briefly stated facts giving rise to the present petition are that the husband of the petitioner, namely, Dr. Prem Shankar Tiwari, was appointed as Lecturer in the department of Commerce in S.R.K. Post Graduate College, Firozabad on 14.9.1973. His date of birth was 10.11.1946, as such, if he had been alive, and in service, he would have attained the age of superannuation in the year 2008 and, by taking sessions benefit, might have continued in service up to 30.06.2009. But, as fate would have it, he died in harness on 03.01.1997. Before his death he had opted for CPF Scheme (Contributory Provident Fund Scheme) and did not switch over to GPF plus pension scheme (General Provident Fund Plus Pension Scheme - for short pension scheme) even though, while he was alive, vide Government Order (in short G.O.) dated 28.04.1980, pension scheme was introduced and gave option to CPF scheme holders to switch over to pension scheme subject to fulfillment of certain conditions. The time period for exercise of option to switch over from CPF scheme to pension scheme was extended from time to time and such option period was in vogue, as per G.O. dated 21.05.1996, when the husband of the petitioner died. However, petitioner's husband, admittedly, did not exercise switch over option.;