RAMBASI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) V. M. Sahai, J. The dispute in this petition is about post-retiral benefit of Late Sheo Pujan Singh and family pension payable to the petitioner who is his wife. He was appointed on 6-5-49 in non-regular work charge establishment. On 1-5-65 he was appointed in regular work charge establishment. He became per manent cleaner w. e. f. 1-4-75. He was served with a notice on 19-4-89 that his date of birth being 1- 9-1922, he should have retired much earlier but under mis take he has continued, therefore, he would retire on 20-4-89. Sheo Pujan Singh did not challenge the order. He died in July, 1990.

(2.) IN paragraph 9 of the counter-af fidavit it is stated that the leave encash ment, general provident fund and group insurance, etc. Was paid but pension and gratuity could be paid only after it was determined by the competent authority. It further states that a letter was sent to the Chief Accounts Officer for determining pension but it was returned as Sheo Pujan Singh should have retired on 31-8-82 but since he continued till 1989 it was neces sary to get approval of excess service rendered by him by the State Government. The Accountant General, Allahabad also returned the papers to be sent again after the approval was obtained from the State Government. The counter-affidavit men tioned that the pension shall be paid even after receipt of approval.

(3.) IN the result this petition succeeds and is allowed. The Respondent No. 2 is directed to fix provisional pension of Late Sheo Pujan Singh at full amount treating him to be in service till 1989 and family pension of the petitioner with in three months from the date a certified copy of this order is produced before Respondent No. 2. The Respondent No. 2 is directed to submit papers if it has not already been submitted to State Government for ap proving excess service with in two months and the competent authority shall pass necessary orders approving service of Late Sheo Pujan Singh with in one month and fix the pension of Late Sheo Pujan in Singh and family pension of the petitioner.