G.S.SINGHVI, J. - (1.) PETITIONER is widow of Shri Gharib Singh, who died on July 21, 1954, while in service. At the time of death, late Shri Gharib Singh had rendered 26 years of service in the Education Department of the Government of Punjab. After death of her husband, the petitioner made efforts to persuade the departmental authorities to grant family pension to her. Some time in the year 1981, she was called upon to submit certificate showing that her husband had died while in service and the petitioner complied with this requirement of the departmental authorities. Thereafter, the petitioner continued to press for her claim regarding family pension but despite recommendation by several authorities of the Education Department, pension has not been paid to her. Petitioner has relied upon the Government decision as contained in Circular letter No. 16/39/85-1fp. III/20911 dated November 4, 1986 (Annexure P-4) in support of her claim that as a widow of the deceased employee of the Govt. of Punjab, she has a right to get the family pension.
(2.) RESPONDENTS have not controverted the facts mentioned in the writ petition by filing a reply. In the absence of the reply, the averments made in the writ petition will have to be treated as correct. The only argument of the learned counsel for the petitioner is that being a widow of a deceased Government servant, the petitioner has a legal right to get pension in view of the policy decision of the State of Punjab. His argument is that when the Government has decided to extend the benefit of family pension to pre July 1, 1964 retirees, there can be no justification for denying the benefit of family pension to the petitioner.
(3.) LEARNED Deputy Advocate General initially argued that Circular letter dated November 4, 1986 does not apply to the case of the petitioner because no order regarding pre-1. 11. 1966 employees was issued by the Government as contemplated in that Circular letter but later on she produced a copy of letter No. 16/39/85-IFP II/4820 dated April 9, 1987, whereby benefit of family pension has been extended to pre-1. 11. 1986 employees of the State of Punjab, This circular letter has been taken on record.;