- (1.) The petitioner has invoked the extra ordinary writ jurisdiction of this Court seeking directions to the respondents to release the family pension to the petitioner on account of death of her husband.
(2.) It is the case of the petitioner that her husband Surjan Ram was appointed as Sweeper on work charge basis with the respondents on 1.1.1969. The services of the husband of the petitioner were regularized on 7.10.1980 subject to some terms and conditions. As per the terms and conditions of regularization, the husband of the petitioner was to report on duty after getting himself examined by the Chief Medical Officer. The husband of the petitioner joined the duty on regular basis on 8.10.1980 after getting himself examined by the Chief Medical Officer.
(3.) The husband of the petitioner died on 4.2.1981 while working as Safai Karamchari (Sweeper) in the office of respondent No. 3. After the death of husband of the petitioner, a sum of Rs. 780/- was sanctioned to the petitioner as the amount of DCRG/Gratuity, but the family pension was declined to the petitioner on the ground that the deceased husband of the petitioner has served the respondents for less than one year after regularization of his services. The petitioner served a legal notice dated 5.3.2007, Annexure P-6, upon the respondents, but no action has been taken by the respondents for the release of family pension to the petitioner. In reply, it has been pointed out that the family of the deceased employee is not entitled for the benefit of family pension according to the provisions of the Family Pension Scheme, 1964. It has been further pointed out that as per the Family Pension Scheme, 1964, the family pension can be granted to the dependents of the deceased employee if the deceased employee has completed minimum period of one year of continuous service without break. Therefore, the claim of the petitioner for family pension was rightly declined by the respondents vide letter dated 17.8.1983, Annexure R-1.;