MATHURI PRASAD Vs. STATE OF JHARKHAND
LAWS(JHAR)-2009-12-116
HIGH COURT OF JHARKHAND
Decided on December 19,2009

Mathuri Prasad Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) AS it appears from the counter affidavit filed by the Respondent No. 3 and the Annexure -B/R -3 that a certificate has been issued to confirm that the deceased husband of the petitioner had worked from 30.5.1956 to 22.8.1972 under the State Government and thereafter, his services were transferred to the Zila Parishad, Dhanbad.'
(2.) LEARNED counsel for the Respondent Nos. 1 to 3 informs that it was during the period of his service under the State Government in the office of Dhanbad Collectoriate, the deceased husband of the petitioner had opted voluntarily for his appointment in the Zila Parishad and also opted for the benefits under the Contributory Provident Fund. Learned counsel for the petitioner submits that the claim of the petitioner in this writ application is for payment of family pension for the period which her husband had served under the State Government which period, even according to the Pension Rules, do qualify for pension. Learned counsel adds further that even as admitted by the respondent Nos. 1 to 3, the cadre of employees working in the District Collectorate was subsequently merged with the cadre of the employees working in the Zila Parishad.
(3.) BE that as it may, undisputedly the petitioner is entitled to the benefits of family pension for the period which her husband had worked under the Collectoriate which has been confirmed to be a qualifying period for pension. As regards computation of the family pension to be made to the petitioner and in what manner the computation has to be made vis -a -vis the option of the 10/5/2014 Page 130 Birendra Kumar Singh Versus State Of Jharkhand deceased employee for the scheme of Contributory Pension Fund Scheme, it would be left to the authorities concerned to compute and assess the same according to the Rules and to ensure that the necessary sanction orders are issued to enable the petitioner to avail the amount of family pension which is legitimately payable to her.;


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