LAWS(ALL)-2001-11-11

RAJMANI DEVI Vs. DISTRICT INSPECTOR OF SCHOOL GHAZIPUR

Decided On November 28, 2001
RAJMANI DEVI Appellant
V/S
DISTRICT INSPECTOR OF SCHOOLS, GHAZIPUR Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Standing counsel for the respondents. Petitioner by means of this writ petition under Article 226 of the Constitution, has challenged the order dated September 27, 2001.

(2.) The petitioner is a widow, who claimed the family pension on account of the death of her husband. The claim of the petitioner has been rejected solely on the ground that in view of the Government Order dated February 24, 1989, the family pension of such employee is payable only to such family members whose bread- earner had died after December 1, 1989 whereas the petitioners case is that petitioners husband died on August 31, 1987. This view is wholly arbitrary in view of the decision of the Apex Court in the case of D. S. Nakara v. Union of India AIR 1983 SC 130 : 1983 (1) SCC 305 : 1983 1 LLJ 104.By the aforesaid Government Order it amounts to carving out a class from a homogeneous class of persons who are entitled for the family pension on the basis of which is not permissible under law. In this view of the matter the order dated September 27, 2001 is quashed.

(3.) The writ petition is allowed. The petitioner is entitled for family pension from the date from which all other persons are allowed by the respondents and the benefit of family pension shall not be denied only on the ground that the husband of the petitioner had died before December 1, 1989. Order accordingly.