RADHA ALIAS APARNA Vs. PUNJAB STATE

JUDGEMENT

(1.) This Regular Second Appeal is directed against judgment and decree dated 12.2.2001, passed by the learned Additional District Judge, Bathinda, whereby judgment and decree dated 3.11.1999, passed by the Additional Civil Judge (Senior Division), Talwandi Sabo, dismissing the suit for declaration and mandatory injunction filed by the appellant, has been upheld. Both the courts below have held that the appellant is not entitled to pensionary benefits in lieu of services rendered by her deceased husband-Late Ram Harakh. The husband of the appellant was working as a Mali against a Government aided post in S.S.N. Arya High School, Raman Mandi, and he retired from service on 31.10.1988. The retiree unfortunately passed away on 4.4.1993. The 1st Appellate Court has noticed the fact that the 'pension Scheme' for the employees of the Privately Managed Government Aided Schools was notified on 10.2.1992 and was published in the Government Gazette on 12.2.1992. The Scheme was made applicable with effect from 5.2.1987 and claus (iv) of the Scheme reads as under:-

(2.) The courts below have turned down the appellant's claim on the plea that the deceased employee did not opt for the 'pension Scheme' during his life time. The aforesaid reason is discernible from the following paragraph of the judgment under challenge passed by the 1st Appellate Court :-

(3.) The courts below have further held that since the deceased employee was very much alive on 10.2.1992 but failed to exercise the option, hence the appellant is not entitled to claim pension in lieu of the service rendered by her deceased husband.