ZUBEDABEUM ABDUL HAI Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition the petitioner who is widow of a Government Servant seeks mandamus directing the Respondent-Government to pay pension to her children as per the pension Scheme of 1995. Husband of the petitioner died in 1989 and since then the petitioner is getting family pension for her.

(2.) EARLIER Family Pension Scheme of 1971 was operative when file petitioner's husband died and family pension was paid to the petitioner under that Scheme of 1971. On 16. 11. 1995 the Government framed the Employees' Pension Scheme, of 1995 and it became operative from that day and it was applicable to factory workers and other establishments with effect from 1. 4. 1993.

(3.) THE claim of the petitioner is that by reason of para 6 of 1995 Scheme the petitioner is a member of the Scheme being member of 1971 scheme and by reason of savings mentioned in para 44 she becomes member of the new Scheme of 1995 and consequently is entitled to payment for her children as envisaged by 1995 order. This claim of the petitioner is opposed by respondents stating that she is not and cannot be a member of 1995 Scheme as both 1971 and 1995 schemes obsolete membership only to the workmen or employees of the Government and not a beneficiary of that employee.