SRUGAVARAPU RAJYALAKSHMI Vs. EMPLOYEES PROVIDENT FUND ORGANISATION

JUDGEMENT

(1.) THIS Writ Petition is filed for a Mandamus to declare the action of respondent No.1 in rejecting the petitioner 's claim for family pension benefits of her deceased husband Sri S. Brahmam, as illegal and in violation of the provisions of the Employees ' Provident Fund and Miscellaneous Provisions Act, 1952 and the Scheme framed thereunder.

(2.) THE husband of the petitioner was an employee of respondent No.2 and he has become a member of the Employees ' Provident Fund with effect from 23.10.1970. Respondent No.1 has introduced the Employees ' Family Pension Scheme, 1971 (for short ''the 1971 Scheme '') which came into force with effect from 01.03.1971. On 24.07.1994, the husband of the petitioner died while in service. The petitioner made a claim before respondent No.1 for payment of family pension under the 1971 Scheme. Through letter dated 10.10.2000, respondent No.1 has informed the petitioner that she is not entitled to receive the monthly family pension, as her late husband has not opted for the Family Pension Scheme during his lifetime. Respondent No.1 has also returned the petitioner 's claim to respondent No.2, through letter dated 27.11.2000. The petitioner has, then, got issued legal notice dated 29.03.2001 to respondent No.1. The said legal notice was received by respondent No.1 on 25.04.2001. In the reply notice, respondent No.1 has once again reiterated his stand that the petitioner is not eligible for drawing the monthly family pension. Feeling aggrieved by the denial of family pension, the petitioner filed the present writ petition.

(3.) IT is not disputed by the petitioner that her husband was the member of the Employees ' Provident Fund Scheme prior to introduction of the 1971 Scheme. Under paragraph 3 of the Scheme, every employee who becomes a member of the Employees ' Provident Fund or of Provident Funds of factories and other establishments exempted under Section 17 of the Act on or after the 1st day of March, 1971 and who has been a member of the Employees ' Provident Fund or of Provident Funds of factories and other establishments exempted under Section 17 of the Act immediately before the commencement of this Scheme and opts to exercise his option under paragraph 4, will be a member of the 1971 Scheme. Under paragraph 4 (2), the option for those persons, who are already members of the Employees ' Provident Fund by 01.03.1971, shall opt for the 1971 Scheme within a period of six months from 01.03.1971.