Smt. Saraswati Devi Vs. Accountant General of U.P. & Ors.
EmailAppeal: Writ Petition (Civil) No. 196 of 1986.
Petitioner: Smt. Saraswati Devi
Respondent: Accountant General of U.P. & Ors.
Apeal: Writ Petition (Civil) No. 196 of 1986.
Judges: RANGANATHA MISRA & M.M. DUTT,JJ.
Date of Judgment: Jul 14, 1987
Head Note:
FAMILY PENSION
Scheme of pension came into force in the state of U.P. from May, 1986 – dispute related to payment for earlier period – The Court did not examine the maintainability of the claim but directed the State of pay the petitioner a sum of Rs.10,000 to cover the earlier period.
JUDGEMENT:
O R D E R
1. Heard Learned Counsel for the petitioner and Learned Attorney General for the respondents.
2. Admittedly a scheme for pension has been in force in the State of U.P. from May, 1986. There is, however, a considerable amount of dispute as to whether for any earlier period before that date pension would be admissible.
3. The husband of the petitioner died on January 14, 1984. Petitioner has claimed family pension from that date. Under the order of this Court a sum of Rs.5,600/- has already been paid to the petitioner in two instalments pending determination for her entitlement. Even if the petitioner is allowed pension under the Scheme from January 14, 1984, on a rough and ready basis, we do not think she would be entitled to more than Rs.10,000/- upto the period when the Scheme became applicable. We would not like to examine the maintainability of the claim for the period prior to May, 1986 in this case and would give a direction that the petitioner should be paid a sum of Rs. 10,000/- to cover the earlier period. Since she has already been paid Rs. 5,600/-, respondent No. 2 State of Uttar Pradesh would have a direction to pay Rs.4,400/- more to make up a total of Rs. 10,000/- This payment shall be made within thirty days from to-day.
4. Learned Attorney General states that petitioner is entitled to payment of pension under the State Scheme with effect from 1986. There shall be a direction to the State of Uttar Pradesh to calculate the amount of pension also within thirty days and intimate her about it. Such papers as are necessary under the scheme to draw pension shall be given to her within these thirty days. Petitioner would be entitled to consolidated costs of Rs.2,000/-. Liberty is given to the petitioner to move to this Court in the present proceedings in case she has any further grievance in the matter of her getting the pension.
Petition allowed.
1. Heard Learned Counsel for the petitioner and Learned Attorney General for the respondents.
2. Admittedly a scheme for pension has been in force in the State of U.P. from May, 1986. There is, however, a considerable amount of dispute as to whether for any earlier period before that date pension would be admissible.
3. The husband of the petitioner died on January 14, 1984. Petitioner has claimed family pension from that date. Under the order of this Court a sum of Rs.5,600/- has already been paid to the petitioner in two instalments pending determination for her entitlement. Even if the petitioner is allowed pension under the Scheme from January 14, 1984, on a rough and ready basis, we do not think she would be entitled to more than Rs.10,000/- upto the period when the Scheme became applicable. We would not like to examine the maintainability of the claim for the period prior to May, 1986 in this case and would give a direction that the petitioner should be paid a sum of Rs. 10,000/- to cover the earlier period. Since she has already been paid Rs. 5,600/-, respondent No. 2 State of Uttar Pradesh would have a direction to pay Rs.4,400/- more to make up a total of Rs. 10,000/- This payment shall be made within thirty days from to-day.
4. Learned Attorney General states that petitioner is entitled to payment of pension under the State Scheme with effect from 1986. There shall be a direction to the State of Uttar Pradesh to calculate the amount of pension also within thirty days and intimate her about it. Such papers as are necessary under the scheme to draw pension shall be given to her within these thirty days. Petitioner would be entitled to consolidated costs of Rs.2,000/-. Liberty is given to the petitioner to move to this Court in the present proceedings in case she has any further grievance in the matter of her getting the pension.
Petition allowed.
