BODARI SHUKLA Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned standing counsel on behalf of the respondents. With the consent of the learned counsel for the parties, this writ petition is being disposed of at this stage.

(2.) The short question in this writ petition is as to whether the petitioner would be entitled to the grant of family pension under the Government order dated 24.2.1989. In the present case, the husband of the petitioner retired from service on 31.3.1983 and had been getting the pension till the date of his death, i.e., 23.8.2000 but thereafter the family members are being denied the benefit of family pension merely on the ground that the scheme of family pension would be applicable only to those employees who were in service on 1.1.1989.

(3.) By the Government order dated 24.2.1989, the benefit of family pension was extended to the non-teaching staff of educational institutions which scheme came into operation w.e.f. 1.1.1989. By a subsequent Government order dated 26.11.1999, it was clarified that the aforesaid Government order dated 24.2.1989 would be applicable only to those employees who were in service as on 1.1.1989.