CHANDRAKALO DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) IN this writ application the petitioner has sought for issuance of the writ of mandamus commanding the respondents to pay the retiral benefits such as family pension, gratuity and G.P.F.

(2.) IN short the facts mentioned in the writ application are that the petitioner is a widow of late Bharat Singh who died in harness on 6.12.1971. The husband of the petitioner was initially appointed as Sainik in Railway Protection Force in the North Eastern Railway on payment of Rs.30/ - per month in the scale of Rs. 30 -35 plus usual allowances on the terms and conditions mentioned in his appointment letter contained in Annexure -1. One of the terms and condition was that he will not be eligible for any pension or benefit under the State Railway Provident Fund or Gratuity Rules or to any absentee allowance beyond those admissible to temporary employees under the rules in force from time to time during such temporary service.

(3.) IN the year 1964 the family pension scheme for Railway Employees was introduced vide Railway Board letter No. F P 63 P N - 1/14 dated 2nd January, 1964 by which the employees were given different options for joining the said scheme or continuing with the provision relating to C.P.F. Rules. Undisputely the petitioners husband did not exercise that option for family pension under the 1964 scheme and ultimately died on 6.12.1971 while continuing under the provision relating to the Contributory Provident Fund Scheme. Accordingly the petitioner was paid contributory provident fund.