RAJ DEYEE Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned Standing Counsel. Petitioner's husband late Sri Rajpati Pandey was serving as Assistant Teacher in Kashi Raj Mahavidyalaya Inter College Orai, Sant Ravidas Nagar. He retired on 15.4.99 and died on 9.9.1989. Before his death he was receiving pension. Petitioner's application for family pension has been rejected by Assistant Director of Education, Allahabad on the ground that under Government Orders dated 31.3.1982 and 16.8.1984 family pension is not payable where the pensioner died on 18.2.1974. Counsel for petitioner has relied upon Government Order No.693/15-6-3004(46)/84 issued by Sri Govind Narain Misra, Joint Secretary, Government of U.P. and address to the Director of Education, U.P. Allahabad dated 16.6.1984 wherein a clarification was issued that where the pensioner teachers have died before 1.10.1981 the family pension shall be admissible only with effect from 1.10.1981 and that the period prior to that date shall not be counter for family pension as the family pension scheme was made applicable from 1.10.1981. This information given by the State Government clearly supports to the petitioner. Her husband retired on 15.4.1999 and died in the year 1974. The petitioner is as such entitled to family pension. The date of retirement of her husband is not material for the purpose of payment of family pension. The writ petition is, accordingly, allowed. The petitioner is held entitled to family pension with effect from the date of death of her husband. The respondents shall issue necessary directions with regard to payment of family pension within three months. The entire arrears shall be paid to the petitioner within next one month.