SARASWATI DEVI Vs. ACCOUNTANT GENERAL OF U P

JUDGEMENT

(1.) Heard Learned Counsel for the petitioner and Learned Attorney General for the respondents.

(2.) Admittedly a scheme for pension has been in force in the State of U. P. from May, 1986. There is, however, a considerable amount of dispute as to whether for any earlier period before that date pension would be admissible.

(3.) The husband of the petitioner died on 14/01/1984. Petitioner has claimed family pension from that date. Under the order of this court a sum of rs. 5,600. 00 has already been paid to the petitioner in two instalments pending determination for her entitlement. Even if the petitioner is allowed pension under the Scheme from 14/01/1984, on a rough and ready basis, we do not think she would be entitled to more than Rs. l0,000. 00 upto the period when the Scheme became applicable. We would not like to examine the maintainability of the claim for the period prior to May, 1986 in this case and would give a direction that the petitioner should be paid a sum of Rs. l0,000. 00 to cover the earlier period. Since she has already been paid Rs. 5,600/-, respondent No. 2 state of Uttar Pradesh would have a direction to pay Rs. 4,4qo/-more to make up a total of Rs. l0,000/ -. This payment shall be made within thirty days from to-day.