KAMLA DEVI Vs. DIRECTOR, PENSION DEPTT. AND ORS.

JUDGEMENT

(1.) Husband of the petitioner was retired from service on reaching the 1 age of superannuation on 30.11.1989. Subsequently a circular was issued by the State Government on 18.6.1992 giving benefit of pension to all those work-charge employees who had been made permanent to opt for pension. Husband of the petitioner also gave his option for pension on 2.12.1992. However, the benefit of pension was not allowed to the husband of the petitioner only on the ground that he has not been made permanent under the Work-charge Service Rules prior to his date of retirement.

(2.) The petitioner has submitted an order dated 25.7.1994 by which the husband of the petitioner had also been made permanent after completion of to ten years of service as work-charge employee w.e.f. 19.3.1986. It appears that reply has been filed on behalf of the respondents without verifying the acts and service record of the husband of the petitioner. Since the husband of the petitioner had already been made permanent after completion of ten years of service w.e.f. 19.3.1986 by an order issued after five years of retirement on 25.7.1994 and the option in pursuance to the circular dated 18.6.1992 also having been given on 2.12.1992 itself, in my opinion, the denial of pension to the husband of the petitioner was not justified. Husband of the petitioner also died on 7.11.1998 without getting the fruits of the pension, which he was legally entitled for.

(3.) Accordingly, the writ petition is allowed. Respondents are directed to make the payment of pension and other retiral benefits to the petitioner after adjusting the amount of CPF already drawn by the husband of the petitioner within 30 days from the date of receipt of certified copy of this order. Since there has been no justification in denying the claim of the petitioner, the respondents shall_also pay a cost of Rs. 10,000.00 to the petitioner. The arrears and the cost be paid within the aforesaid period. Writ Petition Allowed on Costs of Rs. 10000.00.