(1.) THE petitioner is an age old widow, who has filed the present writ petition, inter alia, praying to quash the order of the respondent No. 2 dated 31-1-1989 denying family pension to the petitioner and further seeking directions to the respondent No. 2 to sanction and release family pension to the petitioner.
(2.) THE petitioners husband was serving with the respondent No. 2 at Naldurg prior to 1-8-1984. He however, died on 13-9-1984. It is submitted by the petitioner that he died while he was in service. Therefore, after his death, the petitioner is eligible for family pension. In this context, the petitioner relies upon the Government Resolution dated 16-4-1984 (Exhibit "a" to the petition paper book), which provides for grant of family pension to widow of the Government Servant who retired/died prior to January, 1964. . In this context, the petitioner submits that the petitioner had made an application on 28-9-1998 to the District Judge - respondent No. 2, under the provisions contained in the Government Resolution dated 16-4-1984. The petitioner was asked to furnish further particulars. The petitioner also complied with the same. However, the petitioner was served with a letter dated 31-1-1989, informing that her request was not considered as the case of the husband of the petitioner is not covered under the Government Resolution dated 16-4-1984. It was also informed that she was not entitled to pension as her husband was found absent from the duties from 1-8-1948 and enquiry was initiated against him. Therefore, the claim of the petitioner came to be rejected.
(3.) IN the first place, we may mention that, so far as the record of this Court is concerned, there is no affidavit in reply filed by the respondents, though Shri Tambe, learned Assistant Government Pleader submits that reply was filed as per the directions of this Court on 2-2-1998. Apart from that, we heard Shri Tambe, learned Assistant Government Pleader for the respondents.