GAFOORAN Vs. EMPLOYEES PROVIDENT FUND ORGANISATION

JUDGEMENT

(1.) MATTER has been heard finally with the consent of learned counsel for the parties.

(2.) AS per the undisputed facts, petitioner's husband Bashir Khan (now deceased) came to be appointed as Helper on November 21, 1971 in the Rajasthan State Electricity Board (RSEB ). Services of Bashir Khan were thereafter confirmed and he was granted benefit of regular pay scale and other consequential benefits. On confirmation Bashir Khan became member of Employees Family Pension Scheme, 1971 (for short `1971 Scheme') and Account No. RJ1919/712 was allotted to him. Deductions from his salary were continuously made with effect from October, 1972 to April, 1973. Unfortunately during employment Bashir Khan met with an accident and died on April 24, 1973. The petitioner submitted Family Pension Form No. 10-A but the same was returned by the RSEB and the family pension was denied to the petitioner. Feeling aggrieved against this inaction that the present action for filing the writ petition has been resorted to by the petitioner.

(3.) AS earlier noticed the husband of the petitioner was contributing his fund regularly from October, 1972 till April, 1973 but he died on April 24, 1973. Respondent No. 1 admitted that the petitioner's husband contributed for a period of 4 months and 23 days and till February 24, 1998 the amount of family pension was not finally settled. Therefore the petitioner is entitled to the benefit of Family Pension in view of para 16 of 1995 Scheme.