TRIPTA DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) PETITIONER 's husband was employed with the respondent S.D. Kanya Mahavidalaya Senior Secondary School, Phagwara which is a privately managed recognised aided School. The husband of the petitioner was contributing towards the contributory provident fund with the management of the School. The Punjab Government promulgated a relirement benefit scheme known as the Punjab Privately Managed Recognised Aided Schools Retirement Benefits Scheme, 1992 (hereinafter to be referred as the Scheme), this Scheme came into effect with effect from 5.2.1987. The relevant provisions of the Scheme i.e. Clauses 6, 8, 12 and 13 are reproduced below:

(2.) THE husband of the petitioner while in service unfortunately died on 9.11.1990. The heir of the husband (widow) i.e. the petitioner, was granted family pension and other benefits pursuant to the death of her husband. The family pension was started with effect from 10.12.1990. However, the same was slopped by the respondent with effect from June, 1996. In other words, the family pension had been paid upto May 1996 as per the Scheme. The petitioner then filed the present writ petition.

(3.) THE case of the respondents is that since the deceased husband of the petitioner after starting the contribution towards contributory Provident Fund and before his death, had less than ten years service which is the required qualifying service for the purpose of grant of pension as per Clause 6(4) read with Clause 8 of the Scheme (supra), no family person was admissible to the heirs of the deceased.