SUNITA DEVI Vs. STATE OF H.P.

JUDGEMENT

(1.) IN the present petition, the petitioner seeks direction to the respondents to grant family pension and gratuity to her, as per "Himachal Pradesh Privately Managed Recognized Government Aided and other Private Recognized Employees Self Contributory Pension and Gratuity Scheme".

(2.) THE facts in brief giving rise to the present petition can be stated thus. Shri Kishori Lal, the husband of the petitioner was appointed as Shastri (OT teacher) on 1.9.1995 in respondent No.5 - a privately managed recognized Government aided School.

(3.) THE aforesaid Scheme provides that an employee holding regular post in such School, may opt out of this Scheme, within a period of three months, failing which he/ she shall be deemed to have opted for the scheme and the option once exercised shall be final. Thus, the husband of the petitioner automatically became its member as he was in service at that time and did not opt out from the scheme. Thus, by virtue of Clause -5, he could have not been withdrawn from the Scheme while he is still an employee of the management. The contribution of the existing employees is required to be deducted by the School authorities as per Clause -6 from their salary every month. Once the employee is its member, he is eligible to draw pension on normal retirement/ on retirement before normal retirement date/ on retirement after normal retirement/ on leaving the service and also on death. The amount of such pension depends upon the amount of contribution and period of contribution.