SHOBHANABEN JETHABHAI KANERIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition has been filed by the widow of Jethalal Laxmanbhai Kaneria for a direction to the respondents no. 2 and 3 to release the amount of Family Pension with effect from 14-1-1985 with a benefit of temporary increase and with a benefit of Medical Allowance, which is payable to the petitioner and for further direction to release the amount of interest @ 9% with effect from 1-6-1989 upon the unpaid difference of amount of family pension till the date of payment of arrears of family pension and for a direction to the respondents to pay minimum pension @ Rs. 375.00 forthwith till finalisation of the petitioner's case with regard to family pension and to compute the difference of the amount of family pension and the interest with effect from 1-6-1989 and the amount of medical allowance 1-4-1989 and the amount of provident fund, gratuity and other admissible benefits.

(2.) The husband of the petitioner joined his service as a Primary Teacher from 28-8-1979 pursuant to the order dated 21-8-1979 passed by the Manager of Rajkot District Sarvoday Yojana, Kasturbadham, Rajkot. He was appointed in the pay scale of Rs.290-560. It is also alleged that the District Primary Education Officer, District Panchayat, Rajkot took over the management of Primary School of Kasturbadham of Sarvodaya Yojana with effect from 1-9-1981 and the petitioner's husband being a Primary Teacher of Sarvodaya Yojana, he was absorbed by the respondent no. 2 and the respondents treated the service of the petitioner's husband as Primary Teacher of Education Committee of the District Panchayat, Rajkot, with effect from 1-9-1981. Thus, the husband of the petitioner completed service of 1 year, 7 months and 3 days, on 1-9-1981. The petitioner's husband was posted as primary teacher and was given the charge of Head-Master of Umradi Primary School of Jetpur Taluka under the District Panchayat. The petitioner's husband was a member of General Provident Fund. The petitioner's husband died on 13-1-1985 while he was in service. Thus, the petitioner's husband has put in total length of service for more than 5 years i.e. 5 years, four months and 15 days and hence the petitioner is entitled to the family pension, interest on the unpaid amount of family pension and other pensionary benefits including the medical allowance, gratuity, provident fund, permissible under the Government Resolutions and Family Pension Scheme, 1972. The State of Gujarat has reduced the eligibility criteria for the family pension from 10 years to five years by the Government Resolution dated 11-5-1990. The said resolution dated 11-5-1990 makes eligible to the member of family of Panchayat employees inclusive of primary teachers. The petitioner applied for family pension and when she did not get any response from the respodnent she gave a legal notice dated 28-1-1991 and the respondent no. 3 replied vide letter dated 7-2-1991 that those primary teachers working under Sarvoday Scheme are not entitled and eligible to get the benefit of scheme of promotion and retirement, therefore, the family pension could not be sanctioned.

(3.) The contention of the learned counsel for the petitioner is that the respondents - authorities have rejected the representation of the petitioner arbitrarily, illegally and against the Government Resolution dated 11-5-1990. The petitioner is entitled to get family pension pursuant to the GR dated 11-5-1990 which was passed after considering the judgment of this Court, the Family Pension Scheme, 1972 has been extended to all the members of the family including the dependents of the deceased with effect from 1-10-1977 and the arrears of the family pension is payable with effect from 1-10-1977 with the interest @ 9% p.a. till the date of payment of arrears of family pension. Temporary increase of the pension sanctioned by the Government from the time to time at the rate shown in Annexure-I accompanying to the resolution shall also be admissible. The widows of the Government servants who were sanctioned arrears before 31-3-1989 will be entitled to draw pension together with temporary increase at the rate shown in Annexure-1 and 2 to the said Resolution. The petitioner was required to apply in the Form No. A. In the case of Government employee who retired after 1-6-1971 is entitled to the family pension as per the Rules in force. After his death eligible members of his family would be entitled to the family pension at the minimum rate of Rs. 375.00/p.m. Family Pension Scheme 1972 provides that family pension is admissible in case of death while in service after five years of continuous service to the eligible family pension. As provided in the 1972 Scheme, the Family Pension is admissible in case of death while in service after 5 years of continuous service to the family members after the Government servants, death. The family pension is also admissible to the family of Government servant who has rendered at least 10 years service. This limit of 10 years for the purpose of family pension is reduced to 5 years but the service rendered should be certified to have been satisfactory by the pension sanctioning authority. No arrears on account of medical reimbursement/medical allowance is payable on that benefit is allowed with effect from 1-4-1989. The resolution has been made applicable to the eligible members of the family of Panchayat employees including the primary teachers and employees born on work-charged establishment, teaching and non-teaching staff of non-Government Secondary Schools, Higher Secondary Schools, Colleges and Universities etc. subject to the limitation of the scope of admissibility.