PREMA Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) THE petitioners are before this Court seeking direction to the Government to consider their applications for pensionary benefits and other benefits as accorded to them by this Court in Writ Petition No. 26349 of 2004 vide order dated 18th December, 2008 and a further direction to the Government to extend the retiral and family pension and also pensionary benefits on par with the Government servants as per the Karnataka Civil Services Rules to the petitioners with effect from 1 -9 -2007 with all arrears of pension from 1 -9 -2007 till the date of disposal of the petition and continue to pay the family pension to the petitioner in Writ Petition No. 84805 of 2013 even after the death of the husband of the petitioner. The petitioners have contended that the Government of Karnataka had introduced a scheme known as "All India Hospital Post Partum Programme" in the year 1969 to provide Maternal and Child Health Care besides Family Welfare Services to the public. The said scheme was implemented at State level and at District levels. The said scheme was implemented and continued to operate under the administrative control of respondent 1 and other departments. Respondents 2 to 5 are Administratively responsible people, who have to take care of the persons who are appointed under the said scheme.

(2.) IT is contended by the learned Counsel for the petitioners in both the cases that the petitioner's husband and the petitioner in Writ Petition Nos. 84805 and 84806 of 2013 respectively, worked throughout the State appointed under the said scheme. Therefore, the said persons who were working under the said scheme, held a civil post under the Government service and hence, were entitled to receive all the retiral and pensionary benefits from the Government. As the same was not properly considered, the husband of the petitioner (during his lifetime) in W.P. No. 84805 of 2013 and the petitioner in W.P. No. 84806 of 2013 along with others approached this Court in a Writ Petition No. 26349 of 2004. This Court at para 14 has observed as under:

(3.) IT is submitted by the learned Counsel for the petitioners that it appears, the Government was also before the Supreme Court, wherein also, they were not successful.