- (1.) Heard learned Counsel appearing for the appellants and the learned Counsel for the respondents. The husband of respondent Mailee Devi, who was an employee of Bokaro Thermal Power Station, a unit of Damodar Valley Corporation, died in harness on 18.2.1987. After two years, respondent wrote a letter to the authority of the D.V.C. to pay her family pension. Nothing was done in this respect. The respondent went on claiming family pension. However, the claim of the respondent of family pension was rejected. As against that an appeal was preferred, which was rejected and the order rejecting claim was communicated vide letter dated 14.7.2008. The said order rejecting the claim of family pension was affirmed by the order, which was communicated under letter dated 8.5.2009.
(2.) Being aggrieved with those orders, a writ application was preferred, wherein plea was taken that the claim of the respondent of family pension had been rejected on the ground that no option has been exercised in terms of the office memo dated 27.3.1989, stipulating therein that whosoever are the member of the Scheme of D.V.C. C.P.F., they would be taken to be the members of Pension-cum-Gratuity Scheme provided that they do opt by 31st of August, 1989 to remain under DVC CPF Scheme. But, since, the husband of the respondent died on 18.2.1987, the question of making option on the part of the husband of the respondent does not arise and, as such, he would be deemed to have been taken under CPF Pension-cum-Gratuity Scheme.
(3.) The learned Single Judge after having regard of one of the clauses of the office memo dated 27.3.1989, did hold that the option was to be exercised for remaining in D.V.C. C.P.F. Scheme and not for opting the pension and gratuity scheme. Further it was held that Para 2(b) of the office memorandum dated 27.3.1989, does stipulate that even if the option has not been exercised by an employee for switching over from DVC CPF Scheme to DVC Pension-cum-Gratuity Scheme, the benefit of pension would be granted to the employee. The learned Single Judge by holding so did find that the respondent is entitled to get family pension.;