KHASTI DEVI Vs. STATE OF UTTARAKHAND AND OTHERS

JUDGEMENT

(1.) Delay Condonation Application (CLMA No. 7985 of 2018) filed in support of Short Counter Affidavit has sufficiently explained the delay. Accordingly, the Application for condonation of delay is allowed. Delay thus chanced will stand condoned. Short Counter Affidavit filed on behalf of the respondents is taken on record and with the consent of the parties, the writ petition is being heard finally today itself because the matter pertains to the grant of family pension.

(2.) The petitioner is a widow of late Mr. Dan Singh. Her case is that her husband was appointed as Beldar with the respondents on daily wage basis as back as in the year 1975. Later on, he was taken into the work-charged establishment w.e.f. 01.01.1989. Taking into consideration the satisfactory services rendered by him he was regularized into the services on 24.08.1999, till he attained the age of superannuation on 24.08.2009 after retirement.

(3.) It is the case of the petitioner that she had been consistently requesting respondents for the grant of payment of family pension after taking into consideration the period of services rendered by her late husband in a work-charged establishment. Though, the late husband of the petitioner did retired on 24.08.2009 and had met with the sad demise on 10.09.2014, there may be a case of the respondents who may contend that the claim is belated, but looking to the fact that the grant of the pensionary benefits which otherwise now in view of the judgment of this Court dated 26.04.2018 it has been held to be payable and as a consequence there to after providing continuity in service, after including the period of service discharged in a work-charged establishment, the action for the petitioner to institute a writ petition for the grant of family pension would be recurring in nature. As such even if the late husband of the petitioner has died on 20.09.2014 or he has retired on 24.08.2009 will have no bearing on the payment of family pension, reason being entitlement of family pension to the widow would accrue only after husband died which was on 20.09.2014.