STATE OF M.P. Vs. JAGANNATH GUPTA

JUDGEMENT

(1.) HEARD finally with the consent of the parties. Smt. Sarla Gupta was a Government employee. She was working as Lower Division Teacher. She was retired on account of medical disability by the Government. She was paid all the retiral dues and she was also paid the pension. She died on 12.11.1996. Thereafter, her husband Jagannath Gupta claimed family pension under the M.P. Family (Pension) Scheme, 1966 being the husband of the deceased Government employee. lie filed O.A. No. 185/98 which was disposed of by order dated 24.7.2000 and direction was given to the respondents to make payment of family pension to the applicant -husband within a period of three months along with 18% interest and cost of Rs. 500/ -, against which, the State has filed this writ petition challenging the aforesaid order passed in OA No. 185/98 by the MP State Administrative Tribunal.

(2.) SHRI Vivek Khedker submitted that during the pendency of this petition, the husband of the deceased employee Jagannath Gupta has also expired and his son Biharilal Gupta has been brought on record as legal representative of Late Shri Jagannath Gupta. His submission is that as per the M.P. Civil Services (Pension) Rules, 1976, there was a dispute about the payment of the pension in favour of the husband as nomination was changed by the deceased herself during her life time and she had nominated her son Biharilal Gupta as nominee for receiving pension. His further submission is that the date of birth of Biharilal Gupta is 16.12.1952 as per service record and as per Clause (C) of M.P. Civil Services (Pension) Rules, 1976 the son is only entitled to family, pension up to the age of 25 years. Since the age of Biharilal Gupta is more than 25 years, therefore, as per the rules, he is not entitled to family pension. This fact is not disputed, therefore, it is clear that looking to the age and provision in rule deceased's son Biharilal Gupta is also not entitled to get family pension. Therefore, we allow this petition and set -aside the impugned order Annexure -P/1 dated 24.7.2000 and hold that the deceased's son is not entitled to family pension. Petition stands disposed of with the aforesaid observation.