Allahabad High Court
Smt. Shakuntala Devi vs State Of U.P. And 3 Others on 19 May, 2022
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- WRIT - A No. - 5681 of 2022
Petitioner :- Smt. Shakuntala Devi
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Kundan Mishra
Counsel for Respondent :- C.S.C.,Shyam Krishna Gupta
Hon'ble Siddharth,J.
Rejoinderaffidavit filed bylearned counsel forthe petitioner istaken on record.
Heard learned counsel for the petitioner, Shri Shyam Krishna Gupta, learnedcounsel for the respondent nos. 2, 3 and 4 and learned Standing Counsel.
This writ petition has been filed praying for direction to the respondent no. 2 to release the family pension and other terminal benefits of the petitioner at suitable rate of interest within some stipulated time.
The brief facts of the petition are that the husband of the petitioner was appointed as class IV employee on compassionate basis on 17.02.1997. By the order dated 03.01.2006 passed by the District Basic Education Officer, Deoria, direction was issued for payment of regular pay scale to theclass IV employeeworking in theschoolscontrolled by U.P.Basic Education Board. Thehusband of petitioner was appointed inJuniorHigh School, Mandira Pali, Region Kanpur, Karkhana, Deoria and he died on 04.05.2016.
In the counteraffidavit filed on behalf ofrespondentnot. 2, 3 and 4, i.e., District Basic Education Officer, Deoria, Finance and Accounts Officer and Basic Shiksha Parishad, Prayagraj respectively, it has been stated that new pension schemebecame effective from 01.04.2005 therefore the husband of the petitioner was not entitled to any family pension since he was given regular pay scale in 2006.Counsel for the petitioner has submittedthat the husband of the petitioner was working since 1997 and thereforehusband of petitioner was entitled to the benefit of old pension schemekeeping in view his past service as held by this court in the case of Sunita Sharma Vs. State of U.P. and others, passed in WritPetition No. 25431 of 2018, decided on 20.12.2018, wherein after examining the law it has been observed as under :-
" In view of the discussions aforesaid, it is clear that petitioner is entitled to pensionary benefits under the Rules of 1964 and for such purposes the adhoc continuance from 1996-2016 followed with regularization would have to be counted towards qualifying service for sanction and fixation of pension. A mandamus is issued accordingly to the respondents for grant of pensionary benefits to the petitioner. Necessary order in that regard could be passed by the competent authority within a period of three months. All consequential benefits would also be extended to the petitioner within a further period of two months thereafter. "
The aforesaid judgment has also been affirmed with dismissal of special appeal. In such circumstances the claim of petitioner for payment of family pension etc., shall be dealt with keeping in view the provisions contained under Rule 19(b) of the Rules of 1964 as well as the judgment of this Court in the case of Sunita Sharma (supra). It is further found that the husband of the petitioner was granted appointment on compassionate basis which was substantive in nature, hence his appointment from the inception was substantive and therespondents illegallydenied himfull and regular salary.
Therespondents are directed to calculate the family pension payable to thepetitioner taking into consideration past services rendered by her husband since 1997 and make payment of the arrears of family pensionwithin period of six weeks along with 6 percent interest from today to thepetitioner and her month to month salarywith effect from 01.06.2022.
In case, the order is not complied within time the petitioner shall be entitled to be paid 12 percent interest on the arrears ofpension and the arrears from therespondents.
The state government shall be free to recover the amount of six percent excess interest paid to the petitioner from the public servant / servants found responsible for the delay in compliance ofthis order.
The writpetitionstands allowed.
Order Date :- 19.5.2022
Rohit
