MUJIBA MAGANJIBHAI WAGHELA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this group of six petitions, common questions are involved and, therefore, upon request, they are, being disposed of by this common judgment. The theme and heart of the dispute, in all these petitions, is non-payment of arrears of family pension for the peri petitioners, who are, widows of the deceased pensioners, no doubt, have been granted family pension, with effect from 1.4.92 as per the resolution of the Government. Therefore, the main relief sought by the petitioners is the recovery of arrears of family pension. The following information in a tabular form will highlight the material facts and the nature of the claim.

(2.) The petitioners have relied on the Pension Scheme of Primary Teachers, which was introduced with effect from 1.4.61 and also the decision of this Court rendered in Kamlaben Govindlal Seth v. State of Gujarat, 30(2) GLR 1068.

(3.) The petitioners, who are, widows of the deceased pensioners are, admittedly, not paid the arrears of family pension for the aforesaid period. All the deceased husbands, except the husband of the petitioner in SCA No.5410/94 expired after the revision of Pension Rules, which came into effect from 1st April, 1950, whereas, in case of Special Civil Application No.5410/94, the petitioner's husband expired in the year 1939 and, therefore, governed by Pension Rules prevalent at the relevant time. It is, therefore, contended that she is also entitled to pension along with other widows. The petitioners have, inter alia, contended that even without exercising the option, all are entitled to family pension in view of the settled law on the subject. The respondents have denied the arrears of pension from 1977 to 1st April, 1992, contending that the deceased pensioners-husband of the petitioners-widows had retired or died before 1st April, 1961. However, the cut-off date for the entitlement of family pension is also challenged and it is contended that the pensioners are a homogeneous class and therefore, cannot be deprived of the benefit of family pension. The respondent authorities have, also, contended that the decision of this Court relied on by the petitioners extending the benefit of Family Pension Scheme to those Government employees, who, retired on or before 1st June 1971 and those who were alive on 1st June, 1971, who had opted out of the new Family Pension Scheme 1972, would not be applicable and attracted to the group of petitions on hand. It is, in this context, the Government has declined to give benefit of Family Pension Scheme dated 19.5.89 effective from 1.4.89. The Government decided to give benefit of Family Pension Scheme 1972 to all those eligible members, including dependents, who are, now, covered under orders of the Government with effect from 1.10.77 as per the Government resolution dated 11th May, 1990. Therefore, family pension, according to the respondents, has been given to dependents of the Government employees, who were the employees of the successor State prior to 1.5.60 and rendered the service in Gujarat State with effect from 1.5.60 and retired or died while in service thereafter. As per the circular dated 3.8.1992, family pension is admissible with effect from 1.4.92.