LAWS(ALL)-2024-2-133

KAMAR JAHAN Vs. STATE OF U. P.

Decided On February 20, 2024
Kamar Jahan Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) This writ petition has been instituted by the petitioner praying that a mandamus be issued commanding the respondents to grant family pension to her along with arrears with effect from 9/11/2012, besides due interest.

(2.) The facts of the case are that the petitioner's husband, the late Mustafa, was appointed a Safai Karmchari on 31/12/2002 with the Nagar Panchayat, Machhlishahr, District Jaunpur. He was a compassionate appointee and died in harness. He rendered good services to the Nagar Panchayat. The petitioner's husband died on 8/11/2012, leaving behind him his widow, three sons and a daughter as his heirs and legal representatives.

(3.) It is the petitioner's case that the deceased employee's heirs and legal representatives are his dependent family members. The death-cum-retirement benefits payable were paid to the petitioner in installments which include gratuity and dues on account of leave encashment. It is pleaded that gratuity paid was a sum of Rs.38,800.00 and leave encashment a sum of Rs.1,47,000.00. The petitioner says that the family pension, however, was not paid to her and when she asked for it, the same was denied verbally by the respondents saying that the petitioner's husband had not put in qualifying service to earn a retirement pension for himself and a fortiori, family pension for the family after his demise. It is the petitioner's case that the service conditions of the petitioner who was a class IV employee are governed by the U.P. Nagar Palika Non-Centralized Services Retirement Benefit Regulation, 1984 (for short, 'the Regulation of 1984').