SHARMA, J. - (1.) MATTER has been heard finally with the consent of learned counsel for the parties.
(2.) AS per the undisputed facts, petitioner's husband Bashir Khan (now deceased) came to be appointed as Helper on November 21, 1971 in the Rajasthan State Electricity Board (RSEB ). Services of Bashir Khan were thereafter confirmed and he was granted benefit of regular pay scale and other consequential benefits. On confirmation Bashir Khan became member of Employees Family Pension Scheme, 1971 (for short `1971 Scheme') and Account No. RJ1919/712 was allotted to him. Deductions from his salary were continuously made with effect from October, 1972 to April, 1973. Unfortunately during employment Bashir Khan met with an accident and died on April 24, 1973. The petitioner submitted Family Pension Form No. 10-A but the same was returned by the RSEB and the family pension was denied to the petitioner. Feeling aggrieved against this inaction that the present action for filing the writ petition has been resorted to by the petitioner. In the reply to the writ petition Employees Provident Fund Organisation (respondent No. 1) averred that contribution of petitioner's husband in 1971 Scheme was only for a period of 4 months and 23 days, which was too less than two years, therefore the petitioner was not entitled to family pension. Reply was also filed on behalf of RSEB (respondent No. 2 ). I have given my anxious consideration to the rival submissions. The Employees Pension Scheme 1995 (for short `1995 Scheme') came into operation with effect from November 16, 1995 which repealed 1971 scheme. Para 44 of 1995 Scheme reads as under:- " REPEAL AND SAVINGs (1) On commencement of this Scheme, the Employees' Family Pension Scheme, 1971, in force immediately before such commencement shall cease to operate with effect from November 16, 1995. (2) Notwithstanding anything contained in sub-paragraph (1) every nomination made under the Employees' Family Pension Scheme, 1971, and every form regarding the details of Family of an employee for the purposes of the Employees' Family Pension Scheme, 1971, shall be deemed to have been made under the provisions of this Scheme. " Para 16 of 1995 Scheme reads thus:- " Benefits to the family on the death of a member:- (1) Pension to the family shall be admissible from the date following the date of death of the member if the member dies: (a) while in service, provided that at least one month's contribution has been paid into the Employees' Pension Fund, or (b) x x x (c) x x x NOTE: x x x (Emphasis supplied) Undeniably the family pension was denied to the petitioner vide letter dated July 7, 1994 and notice for demand of justice was served on the respondents on November 3, 1997 to reconsider the family pension case of the petitioner. In response to notice for demand of justice the petitioner's case was reconsidered and again on February 24, 1998 denial letter was sent. Evidently the amount of family pension was not settled prior to November 16, 1995 when 1995 scheme came into operation. In Chotibi (Smt.) vs. RPF Commissioner (1), Karnataka High Court observed as under:- (Para 14) "14. In the case also if the amount was settled before the scheme of 1995 came into force the petitioner would not have been entitled for the benefit. In addition to that the husband of the petitioner was contributing his fund regularly from June 1, 1971 till November 21, 1972 till he died in harness. It is not a case that her husband deliberately failed to contribute the amount, but it was only due to unforeseen circumstances. Subsequently the scheme was amended with a novel idea to extend the benefit to those employees who have contributed even for a month and that the intention of the Legislative will have to be taken into consideration while extending the benefit of the provision to the poor and unfortunate widow. "
(3.) AS earlier noticed the husband of the petitioner was contributing his fund regularly from October, 1972 till April, 1973 but he died on April 24, 1973. Respondent No. 1 admitted that the petitioner's husband contributed for a period of 4 months and 23 days and till February 24, 1998 the amount of family pension was not finally settled. Therefore the petitioner is entitled to the benefit of Family Pension in view of para 16 of 1995 Scheme. For the reasons afore mentioned, I allow the writ petition and direct respondents to calculate and settle the family pension payable to the petitioner. The respondents shall make the payment within three months from the date of receipt of copy of this order. There shall be no order as to costs. .;