UNION OF INDIA UOI Vs. SHANTI DEVI

JUDGEMENT

(1.) HEARD learned counsel for the appellant. Perused the record. The solitary ground urged and pressed in support of this appeal is that the learned Single Judge while allowing the writ petition and holding that the petitioners were entitled to the family pension had erred in awarding the interest at the rate of 12% per annum for which there was no provision under the Employees' Family Pension Scheme, 1971.

(2.) LEARNED counsel has urged that in the absence of any statutory provision casting liability on the appellant for the payment of interest, no direction should have been issued saddling the appellant with the liability in regard to the payment of interest on the unpaid amount of the family pension. We have given our anxious consideration to the above submission.

(3.) THE provision contained in paragraph 28 of the Employees Family Pension Scheme, 1971 stipulates that in the case of a member who being a member of the Family Pension Fund at the age of 25 years or less dies during the period of reckonable service before attaining the age of 60 years, family pension shall be paid at the rates specified in the Table given in that paragraph subject to the condition that he has been a member of the Family Pension Fund for a period of not less than 2 years.