DEBULI DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) THE helpless widow of one Sher Singh has approached this Court with this writ petition praying for the following reliefs:

(2.) AFTER hearing the learned counsel for the petitioner, the writ petition is admitted.

(3.) THE petitioner's husband was appointed as Chaukidar on 16th February, 1974 in the Junior High School Birwabinola/Liti District Almora (now district Bageshwar. The said appointment was made by the Deputy Inspector of School. The appointment was not a regular appointment, as such, the husband of the petitioner, namely, Sher Singh was paid consolidated salary. There is no dispute with regard to the appointment. He continued with the aforesaid salary. Thereafter, in course of time on or about 9th February, 1996, he was fitted to a regular pay scale of Rs. 750 -940. In the counter affidavit in paragraph 7, it has been admitted that husband of the petitioner was regularized on 24th August, 1995. After few months of regularization of service, he died in harness. In view of death in harness, the question of family pension does not arise.