PARWATI PANDE Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) HEARD the learned counsel for the parties at length.

(2.) BY the present writ petition the petitioner has prayed for the issue of a writ, order or direction in the nature of certiorari quashing paragraph no. 24 of Government Order dated 17.12.1965 and commanding the respondents to release family pension in favour of the petitioner.

(3.) BRIEFLY stated the facts giving rise to the present writ petition are that the husband of the petitioner late Sri Narayan Dutt Pandey was posted as Principal, in Junior High School, Mallital, Nainital who retired after superannuating age on 31.10.1974. Sri Narayan Dutt Pandey was getting pension during his life time. The petitioner has stated that after the death of her husband she has moved a representation before the Director; Education Basic Uttar Pradesh, Lucknow for granting her family pension. The matter was referred to the Finance and Accounts Officer (Finance Controller), Allahabad, who ultimately rejected the representation of the petitioner vide order dated 3.7.1999 on the ground that as per paragraph 24 of G.O. No. A -5355/15 -5133 -1962 dated 17.12.1965, the family pension can be given only for the period of 10 years or up to the age of 65 years whichever is less, after the date of superannuation.