LAWS(MPH)-2012-6-61

BHAGWATI BAI Vs. DEPUTY DIRECTOR PROVIDENT FUND

Decided On June 20, 2012
BHAGWATI BAI Appellant
V/S
DEPUTY DIRECTOR PROVIDENT FUND Respondents

JUDGEMENT

(1.) THIS writ appeal under Section 2 (1) of Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 is arising out of the order dated 30.09.2011 in Writ Petition No.12696 of 2010 (S) and out of the order dated 19.12.2011 in Review Petition No.435 of 2011 passed by the learned Single Judge.

(2.) THE appellant's husband was working with the M. P. Paschim Kshetra Vidyut Vitran Co. Ltd. [formally known as � M. P. Electricity Board]. He died on 10.06.1985 in an accident while on duty. The petitioner's case was that her husband was Member of Family Pension Scheme and, therefore, the benefit of family pension ought to have been released in her favour. She approached to the employer of her husband � Respondents No.1 and 2 from time to time but the family pension was not released in her favour.

(3.) LEARNED counsel for the appellant urged that for no fault of the appellant � petitioner she was not extended the benefit of family pension for such a long period and, therefore, the learned Single Judge should have awarded interest on the delayed payment of arrears of family pension.