T LAKSHMIKUTTY AMMA Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) Petitioner's husband was an employee of the fourth respondent. He joined the Company on 1-10-1969 and was a member of the Employees Provident Fund. When the Employees Family Pension Fund Scheme came into force in 1971, he became a member of it and contributions towards Employees Provident Fund Scheme and Employees Family Pension Scheme were deducted from his salary. Petitioner's husband fell seriously ill and entered on leave on 28-8-1982. In July 1983 he was paralysed and bed ridden. He died on 28-1-1984. During the period of illness he was out of employment for one year and five months viz. from 28-8-1982 to 28-1-1984.

(2.) Petitioner applied to the third respondent for the grant of family pension on 15-7-1986. As per Ext. P1 communication her request was rejected as no contributions were paid by her husband for more than one year immediately prior to his death.

(3.) Petitioner filed Ext. P5 representation before the third respondent. Grievance of the petitioner is that though her husband who had worked for nearly 15 years in the fourth respondent Company was a member of the Family Provident Fund for about 11 years and was drawing a basic pay of Rs.621/- per month she was found ineligible to get the benefit of family pension relying on the definition of 'reckonable service' contained in para.2(f) of the Employees Family Pension Scheme, 1971 read with para.28 of the said Scheme.