LAWS(ALL)-2019-10-150

GEETA DEVI Vs. STATE OF U.P.

Decided On October 16, 2019
GEETA DEVI Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Ajit Dubey, learned counsel for the petitioner and Sri Vimlesh Kumar Rai, learned counsel for the respondent.

(2.) Petitioner is the widow of ex-employee Mahaveer Prasad (for short ''employee'). He came to be appointed on 1 June 1988 on the post of Pump Operator, Grade-II as dailywage. The employer died in harness on 30 July 2010.

(3.) By the instant writ petition, petitioner seeks a direction to the respondents to compute and pay family pension along with interest thereon. The documents placed on record prepared by the respondent authority on 26 April 2011 shows the list of dailywagers who came to be appointed with the Executive Engineer, U.P. Jal Nigam. The name of the employee finds place at serial number 1710. The tabular chart reflects that the employee was appointed on 1 June 1988 and was entitled to pensionary benefits w.e.f. 1 April 1994 (column no. 6). The post on which the employee was to be regularized is Pump Operator Grade-II in the pay scale 2610-3735, revised pay scale 5200-20200. What is relevant from the document is that dailywagers therein are entitled to pension on completion of five years of service. In respect of the husband of the petitioner, it is w.e.f. 1 April 1994. It is not in dispute that before any formal order could be issued in respect to the employee for regularization, he died.