EMPLOYEES PROVIDENT FUND ORGANIZATION, Vs. SMT. GAFOORAN WIFE OF LATE SHRI BASHIR KHAN RESIDENT OF RICHCHOTI KHIRKHARA, POST KASIPURA, VIA KURGAON DISTRICT KARAULI

JUDGEMENT

(1.) Instant special appeal is directed against order of the learned Single Judge impugned dated 11.05.2004.

(2.) The respondent before us is a widow of deceased-Bashir Khan who was appointed as Helper on 21.11.1971 in the erstwhile Rajasthan State Electricity Board who was thereafter confirmed and was fixed in the regular pay scale and on confirmation he became the member of the Employees Family Pension Scheme, 1971 (for short, Scheme 1971) and Account No. RJ1919/712 was allotted to him and deductions indisputably from the salary were continuously made from October, 1972 and unfortunately he died in accident on 24.04.1973 and on account of which further contribution automatically stopped. The illiterate widow was not aware of this fact that she is entitled for family pension under the Scheme 1971 of which her husband was the member and he made contribution for the period he served the organization. Some wise person came to her rescue and she approached the authorities with the grievance that after the provisions of the Scheme 1971 stands saved by the Employees Pension Scheme 1995 (for short, Scheme 1995) and Para 16 of the Scheme indicates that benefit to the family on the death of a member can be claimed provided the member has made at least one month contribution into the Employee Provident Fund, she is entitled to claim family pension. Indisputably, in the instant case her husband made his regular contribution after became member of the Scheme 1971 from October, 1972 till he survived upto April 1973 and when her entitlement was not acknowledged by the appellant, the widow approached this Court by filing of writ petition.

(3.) After the matter being heard, the learned Single Judge allowed the writ petition vide order dated 11.05.2004 holding her entitlement for family pension in terms of para 16 of the Scheme 1995.