SHANTI DEVI SMT Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the learned Standing Counsel.

(2.) Petitioner Shri Daya Shankar Tiwari was a Class IV employee of B.S.A.V. Inter College, Gola, Gorakhpur, which is a recognised institution receiving grant-in-aid from the State Government.

(3.) Shri Daya Shankar Tiwari was appointed on 6.12.51 and he died on 20.11.87 while in service. The State Government issued a Government Order dated 24.2.89 providing for the benefit of family pension to non-teaching employees of State-aided Junior High Schools and High Schools institutions namely U.P. Basic Shiksha Parishad. The aforesaid scheme providing for the benefit of family pension under the aforesaid Government Order was made applicable with effect from 1.1.1989. The petitioner's claim for family pension under the aforesaid Government Order dated 24.2.89 has been rejected by the Joint Director of Education vide its order dated 1.3.97 on the ground that petitioner's husband died on 20.11.87 i.e. before 1.1.1989. The issue in the writ petition thus is as to whether the petitioner whose husband died on 20.11.87 is entitled for the benefit of Government Order dated 24.2.1989. The petitioner in the writ petition has relied on a judgment of this Hon'ble Court dated 24.2.89 in Writ Petition No. 34835 of 1995, Mahmooda Begum (Annexure 3) to the writ petition.